1975 Revised Code of Washington Supplement part 3: Titles 41 through 90
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41.04.250
General Provisions
securities in an amount equal to not less than ten percent of all public funds on deposit in said depositary.
[1975 lst ex.s. c 77 § 6.]
authorization for the amounts of the deductions authorized, RCW 41.04.230(7) notwithstanding. [1975 lst
ex.s. c 290 § 20.]
Severablllty--1975 1st ex.s. c 290: RCW 48.46.910.
Health maintenance organizations: Chapter 48.46 RCW.
Title 41
PUBLIC EMPLOYMENT, CIVIL SERVICE
AND PENSIONS
Chapters
41.04 General provisions.
41.05 State employees' insurance and health care.
41.07 Central personnel-payroll system.
41.14 Civil service for sheriffs' office.
41.16 Firemen's relief and pensions--1947 Act.
41.18 Firemen's relief and pensions--1955 Act.
41.26 Law enforcement officers' and fire fighters' retirement system.
41.32 Teachers' retirement.
41.40 Washington public employees' retirement
system.
41.56 Public employees' collective bargaining.
41.58 Public employment labor relations.
41.59 Educational employment relations act. (Effective
date, see RCW 41.59.940)
Chapter 41.04
GENERAL PROVISIONS
Sections
41.04.180
41.04.233
41.04.235
41.04.250
41.04.260
Hospitalization and medical aid for county, municipal
and other political subdivision employees-Governmental contributions authorized.
Payroll deductions for capitation payments to health
maintenance organizations.
Retirement allowance deductions for health care benefit
plans.
Pension plans, tax deferred annuities or deferred compensation plans authorized for public employees.
Committee for deferred compensation-CreatedMembership--Expenses-Duties-Deferred
compensation revolving fund.
41.04.180 Hospitalization and medical aid for county,
municipal and other political subdivision employees-Governmental contributions authorized.
Retirement allowance deductions for health care benefit plans: RCW
41.04.235.
41.04.233 Payroll deductions for capitation payments
to health maintenance organizations. Any employee or
retired employee of the state or its departments, agencies, or subdivis~ons and any employee or retired employee of a county, public or municipal corporation,
school district, or tax supported institution may authorize the deduction from his salary or wages of the
amount of his capitation payments to any health maintenance organization receiving a certificate of authority
under this chapter. Upon the filing of an authorization
with the auditor or fiscal officer of the employer, such
auditor or fiscal officer shall make payments in favor of
the health maintenance organizations referred to in the
41.04.235 Retirement allowance deductions for health
care benefit plans. Participants in a health care benefit
plan approved pursuant to RCW 41.04.180, 41.05.020,
or 28A.58.420, whichever is applicable, who are retired
public employees, may authorize the deduction from
their retirement allowances, of the amount or amounts
of their subscription payments, premiums, or contributions to any person, firm, or corporation furnishing or
providing medical, surgical, and hospital care or other
health care insurance upon the approval by the retirement board of an application for such deduction on the
prescribed form, and the treasurer of the state shall duly
and timely draw and issue proper warrants directly to
and in favor of the person, firm, or corporation, or organization named in the authorization for the amount
authorized to be deducted. [ 1975 1st ex.s. c 73 § l.]
Teacher's retirement allowance deductions for health care benefit
plans: RCW 41.32.680.
41.04.250 Pension plans, tax deferred annuities or
deferred compensation plans authorized for public employees. The state, through the committee for deferred
compensation created in RCW 41.04.260, and any
county, municipality, or other political subdivision of
the state acting through its principal supervising official
or governing body is authorized to:
(I) Enter into an agreement with any life insurance
company, bank trustee, or custodian authorized to do
business in the state of Washington to provide qualified
pension plans under the provisions of 26 U.S.C., section
401 (a), as amended by Public Law 89-809, 80 Stat.
1577, 1578 as now or hereafter amended, or to provide
deferred annuities for all officials and employees of said
public entities deemed to be eligible by the agency of
the United States government having jurisdiction of the
matter under the provisions of 26 U.S.C., section 403
(b), as amended by Public Law 87-370, 75 Stat. 796 and
as now or hereafter amended, such pension or annuities
to be in lieu of a portion of salary or wages. Such pension plans or tax deferred annuity benefits shall be
available to those employees who elect to participate in
said agreement and who agree to take a reduction in
salary in the equivalent amount of the contribution required to be made by the public entity for and on behalf of such employee. The funds derived from such
reductions in salary shall be deposited and accounted
for in an appropriately designated account maintained
by the public employer of such employee and any official authorized to disburse such funds is empowered to
remit these designated funds to the insurer, custodian,
or trustee in accordance with the salary reduction
agreement between the public entity and the employee.
(2) Contract with an 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 promptly
11975 RCW Supp--p 3631
41.04.250
Title 41:
Public Employment, Civil Service and Pensions
w1 th the consent of the employee. deposit or invest in a
credit union. savings and loan association. bank, mutual sa\'tngs bank or ~purchase life insurance, shares of an
imestment company. or fixed and/or variable annuity
contracts. 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 any
investment company licensed to contract business in
this state. The committee can provide such plans as it
deems are in the interests of state employees. In no
event shall the total payments made for the purchase of
said life insurance contract, or fixed and/or variable
annuity contract 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.
Coverage of an employee under a qualified pension
plan, contract for a deferred annuity or deferred compensation plan under this section shall not render such
employee ineligible for simultaneous membership and
participation in the pension systems for public employees which are provided for by chapters 41.26, 41.32 and
41.40 RCW. [1975 1st ex.s. c 274 § 2; 1973 !st ex.s. c 99
§I; 1972 ex.s. c 19 §I: 1971ex.s.c264 § l.]
41.04.260 Committee for deferred compensation-Created--Membership--Expenses--Duties-Deferred compensation revolving fund. There is hereby
created a committee for deferred compensation to be
composed of five members appointed by the governor,
one of whom shall be a representative of an employee
association or union certified as an exclusive representative of at least one bargaining unit of classified employees, one who shall be a representative of either a
credit union, savings and loan association, mutual savings bank or bank, one who shall be a representative of
an insurance association or investment company, one
who shall be the state attorney general or his designee
and one additional member selected by the governor.
The committee shall serve without compensation but
shall receive necessary expenses as provided for in
RCW 43.03.050 and 43.03.060. The committee shall be
trustees of the deferred compensation revolving fund
which is hereby created in the state treasury. All expenses of the committee including staffing and administrative expenses shall be paid out of the deferred
compensation revolving fund. The amount of compensation deferred or amounts paid by employees under
agreements entered into under the authority contained
in RCW 41.04.250 shall be paid into the revolving fund
and shall be sufficient to cover costs of administration
and staffing in addition to such other amounts as determined by this committee. The revolving fund shall be
used to carry out the purposes of RCW 41.04.250. Any
county. municipality or other subdivision of the state
11975 RCW Supp----p 364)
may elect to participate in any agreements entered into
by the committee under RCW 41.04.250. [1975 1st ex.s.
c 274 § l.]
Chapter 41.05
STATE EMPLOYEES' INSURANCE AND HEALTH
CARE
Sections
41.05.020
41.05.030
41.05.050
State employees' insurance board---CreatedMembership----Meetings--CompensationPowers and duties.
State employees' insurance board, powers and duties-Duties of director of personnel---Cooperation of state departments and agencies enjoined.
Contributions for employees and dependents.
41.05.020 State employees' insurance board-Created--Membership--Meetings--Compensation--Powers and duties.
Deductions 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.
41.05.030 State employees' insurance board, powers
and duties--Duties of director of personnel--Cooperation of state departments and agencies enjoined. (I)
The state employees' insurance board shall have the
following powers and duties, in addition to any other
powers and duties prescribed by law: (a) To authorize
the director of personnel to appoint a benefits supervisor, to whom the director may delegate his duties hereunder, and other necessary personnel, subject to the
jurisdiction of the state civil service law, chapter 41.06
RCW; (b) to authorize other necessary administrative
expenses; and (c) to provide for the expenditure of
funds in the state employees' insurance revolving fund
for payment of premiums, to reduce employee contributions or increase benefits, and, subject to legislative
appropriation, to pay salaries and wages and other necessary administrative expenses.
(2) The director of the department of personnel shall
be trustee and administrator of all health benefit and
insurance contracts.
He shall transmit contributions for health care and
other insurance plans in payment of premiums and receive and deposit contributions and dividends or refunds into the state employees insurance revolving
fund. He shall provide facilities and services necessary
for the purpose of the board and its operations, subject
to full reimbursement by the board for the cost thereof.
(3) Every division, department, or separate agency of
state government shall fully cooperate in administration
of the plans, education of employees, claims administration, and other duties as required by the trustee or
the board. [1975 1st ex.s. c 38 § 1; 1973 !st ex.s. c 147 §
2; 1970 ex.s. c 39 § 3.]
Effective date--Elfect of veto---Appropriation-Savings-Severability--1973 1st ex.s. c 147: See notes following RCW
41.05.010.
Central Personnel-Payroll System
41.05.050 Contributions for employees and dependents. (1) Every department, division, or separate agency of state government shall provide contributions to
insurance and health care plans for its employees and
their dependents. the content of such plans to be determined by the state employees insurance board. Such
contributions shall include an amount determined by
the state employees insurance board to pay the administrative expenses of the board and the salaries and
wages and expenses of the benefits supervisor and other
necessary personnel: Provided, That this administrative
service charge shall not result in an employer contribution in excess of the amount authorized by the governor
and the legislature as prescribed in RCW 41.05.050(2),
and that the sum of an employee's insurance premiums
and administrative service charge in excess of such employer contribution shall be paid by the employee. All
such contributions will be paid into the state employees
insurance fund to be expended in accordance with
RCW 41.05.030.
(2) The contributions of any department, division, or
separate agency of the state government shall be set by
the state employees insurance board, subject to the approval of the governor for availability of funds as specifically appropriated by the legislature for that
purpose: Provided, That nothing herein shall be a limitation on employees employed under chapter 47.64
RCW: Provided further, That provision for school district personnel shall not be made under this chapter.
(3) The trustee with the assistance of the department
of personnel shall annually survey private industry in
the state of Washington to determine the maximum average employer contribution for group insurance programs under the jurisdiction of the state employees
insurance board. Such survey shall be reported to the
board for its use in setting the amount of the contributions to the various insurance programs by departments, divisions, and separate agencies of state
government. [1975 1st ex.s. c 38 § 2; 1973 1st ex.s. c 147
§ 3; 1970 ex.s. c 39 § 5.]
Effective date--Effect of veto--Appropriation-Savings-Severability-1973 1st ex.s. c 147: See notes following RCW
41.05.010.
Contributions for state employees, amount: RCW 41.06.370.
Chapter 41.07
CENTRAL PERSONNEL-PAYROLL SYSTEM
Sections
41.07.010
41.07.020
41.07.030
41.07.900
41.07.901
Definitions
Administration, maintenance and operation of system-Intent.
Costs.
Transfer of personnel, records, equipment, etc.
Effective date-1975 !st ex.s. c 239.
41.07.010 Definitions (1) As used in this chapter
"state agency" means all offices, departments, agencies,
institutions, boards, and commissions of state government including those headed by an elected official and
including institutions of higher education.
(2) As used in this chapter "central personnel-payroll
system" means an automated data processing system
41.07.901
capable of keeping records and processing necessary
transactions in the process of employing persons,
changing their employment status, and paying employees of any or all state agencies. Such system shall include production of reports and documents required or
authorized by state or federal agencies. [ 1975 1st ex.s. c
239 § I.]
41.07 .020 Administration, maintenance and operation
of system--Intent. The department of personnel is
authorized to administer, maintain, and operate the
central personnel-payroll system and to provide its
services for any state agency designated jointly by the
director of the department of personnel and the director
of the office of program planning and fiscal
management.
The system shall be operated through state data processing centers. State agencies shall convert personnel
and payroll processing to the central personnel-payroll
system as soon as administratively and technically feasible as determined by the office of program planning
and fiscal management and the department of personnel. It is the intent of the legislature to provide, through
the central personnel-payroll system, for uniform reporting to the office of program planning and fiscal
management and to the legislature regarding salaries
and related costs, and to reduce present costs of manual
procedures in personnel and payroll record keeping and
reporting. [ 1975 1st ex.s. c 239 § 2.]
41.07.030 Costs. The costs of administering, maintaining, and operating the central personnel-payroll
system shall be distributed to the using state agencies.
In order to insure proper and equitable distribution of
costs the department of personnel shall utilize cost accounting procedures to identify all costs incurred in the
administration, maintenance, and operation of the central personnel-payroll system. In order to facilitate
proper and equitable distribution of costs to the using
state agencies the department of personnel is authorized
to utilize the data processing revolving fund created by
RCW 43.105.080 and the department of personnel service fund created by RCW 41.06.280. [1975 1st ex.s. c
239 § 3.]
41.07.900 Transfer of personnel, records, equipment,
etc. On October 1, 1975, or at such earlier time as may
be mutually agreed upon by the director of general administration and the director of personnel, the staff of
the data processing service center engaged in payroll
data control and payroll data entry along with such records, files, data, materials, equipment, supplies, and
other assets as are directly associated with their function shall be transferred to the department of personnel.
[1975 lst ex.s. c 239 § 4.]
41.07.901 Effective date--1975 1st ex.s. c 239.
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 July 1, 1975. [1975 1st ex.s. c 239 §
6.J
(1975 RCW Supp--p 365)
Chapter -H.14
Title 41:
Public Employment, Civil Service and Pensions
Chapter 41.14
Cl\'IL SERVICE FOR SHERIFFS' OFFICE
Sections
41.14.070
Classified and unclassified service designated.
41.14.070 Classified and unclassified service designated. The classified civil service and provisions of this
chapter shall include all deputy sheriffs and other employees of the office of sheriff in each county except the
following positions which are hereby designated the unclassified service:
( 1) The county sheriff in every county;
(2) In each class A and class AA county; the positions of undersheriff, inspector, chief criminal deputy,
chief civil deputy, jail superintendent, and one private
secretary: Provided, That the legislative authority of
any county operating under a home rule charter may
designate unclassified positions of administrative responsibility not to exceed twelve positions;
(3) In each county of the first class, second class, and
third class; three principal positions comparable to undersheriff, a chief criminal deputy, and a chief civil
deputy;
(4) In each of all other counties; one position to be
appointed by the sheriff. [1975 !st ex.s. c 186 § l; 1959
c I § 7; Initiative No. 23.]
Chapter 41.16
FIREMEN'S RELIEF AND PENSIONS-1947
ACT
Sections
41.16.145
41.16.911
41.16.921
Annual increase in benefits payable on retirement for
service, death in line of duty, and disability.
Severability-1975 1st ex.s. c 178.
Construction-1975 1st ex.s. c 178, RCW 41.16.145.
41.16.145 Annual increase in benefits payable on retirement for service, death in line of duty, and disability.
The amount of all benefits payable under the provisions
of RCW 41.16.080, 41.16.120, 41.16.130, 41.16.140 and
41.16.230 as now or hereafter amended, shall be increased annually as hereafter in this section provided.
The local pension board shall meet subsequent to
March 31st but prior to June 30th of each year for the
purposes of adjusting benefit allowances payable pursuant to the aforementioned sections. The local board
shall determine the increase in the consumer price index
between January 1st and December 31st of the previous
year and increase in dollar amount the benefits payable
subsequent to July 1st of the year in which said board
makes such determination by a dollar amount proportionate to the increase in the consumer price index:
Provided, That regardless of the change in the consumer price index, such increase shall be at least two percent each year such adjustment is made.
Each year effective with the July payment all benefits
specified herein, shall be increased by this section. This
benefit increase shall be paid monthly as part of the
regular pension payment and shall be cumulative. The
increased benefits authorized by this section shall not
affect any benefit payable under the provisions of
f1975 RCW Supp--p 3661
chapter 41.16 RCW in which the benefit payment is attached to a current salary of the rank held at time of
retirement.
For the purpose of this section the term
"Consumer price index" shall mean, for any calendar
year, the consumer price index for the Seattle,
Washington area as compiled by the bureau of labor
statistics of the United States department of labor.
[ 1975 1st ex.s. c 178 § 1; 1974 ex.s. c 190 § 1; 1970 ex.s.
c 37 § 3; 1969 ex.s. c 209 § 38.]
Construction of RCW 41.16.14S--Severability--1975 1st ex.s. c
178: See RCW 41.16.921, 41.16.911.
Construction--1970 ex.s. c 37: See note following RCW
41.18.104.
Effective date---Construction--Severability--1969 ex.s. c 209:
See RCW 41.26.900 through 41.26.920.
41.16.911 Severability--1975 1st ex.s. c 178. 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
l st ex.s. c 178 § 6.]
41.16.921. Construction--1975 1st ex.s. c 178,
RCW 41.16.145. (l) The provisions of this section are
procedural and remedial.
(2) The application and effect of this act shall be retroactive to and including May 6, 1974. Each benefit
being paid on the effective date of *this act shall then
be adjusted as if this act had been in existence since
May 6, 1974. Additionally, any amounts which would
have been paid had this act been in effect since May 6,
1974, shall then be due as a one-time lump sum
payment.
(3) The provisions of RCW 4l.l6.145 shall be construed and read to have granted the percentage increase
provided by that section to those receiving benefits pursuant to RCW 41.l6.230, until and including July 1,
1974, at which time those persons shall be regarded as
eligible for the benefits granted by chapter 190, Laws of
1974 ex. sess., as provided in subsection (2) of this section. Any amounts now payable due to a failure to so
construe and read RCW 41.16.145 are now due as a
one-time lump sum payment. [1975 lst ex.s. c 178 § 5.]
*Reviser's note: "this act" [1975 !st ex.s. c 178] enacted this section
and RCW 41.16.911, and amended RCW 41.16.145, 41.18.100, 41.18.l 04 and 41.26.250. The effective date of the act was June 4, 1975.
Chapter 41.18
FIREMEN'S RELIEF AND PENSIONS-1955
ACT
Sections
41.18.100
41.18.104
Payment on death in line of duty or while retired on account of service connected disability.
Annual increase in benefits payable on retirement for
service or disability.
41.18.100 Payment on death in line of duty or while
retired on account of service connected disability. In the
event a fireman is killed in the performance of duty, or
in the event a fireman retired on account of service
Law Enf. Officers', Fire Fighters', Retirement
connected disability shall die from any cause, his widow
or her widower shall receive a monthly pension under
one of the following applicable provisions: (I) If a fireman is killed in the line of duty his widow or her widower shall receive a monthly pension equal to fifty
percent of his or her basic salary at the time of his or
her death; (2) if a fireman who has retired on account
of a service connected disability dies, his widow or her
widower shall receive a monthly pension equal to the
amount of the monthly pension such retired fireman
was receiving at the time of his or her death. If she or
he at any time so elects in writing and the board after
hearing finds it to be financially beneficial to the pension fund, he or she may receive in lieu of all future
monthly pension and other benefits, including benefits
to child or children, the sum of five thousand dollars in
cash. If there be no widow or widower at the time of
such fireman's death or upon the widow's or widower's
death the monthly pension benefits hereinabove provided for shall be paid to and divided among his or her
child or children share and share alike, until they reach
the age of eighteen or are married, whichever occurs
first. The widow's or widower's monthly pension benefit, including increased benefits to his or her children
shall cease if and when he or she remarries: Provided,
That no pension payable under the provisions of this
section shall be less than that specified under RCW 41.18.200. [1975 1st ex.s. c 178 § 4; 1973 1st ex.s. c 154 §
73; 1969 ex.s. c 209 § 28; 1965 ex.s. c 45 § 4; 1955 c 382
§ 8.]
Construction--Severability-1975 1st ex.s. c 178: See RCW 41.16.911, 41.16.921.
Severability--1973 1st ex.s. c 154: See note following RCW
2.12.030.
Effective date-Severability-Construction--1969 ex.s. c 209:
See RCW 41.26.900 through 41.26.920.
41.18.104 Annual increase in benefits payable on retirement for service or disability. The amount of all benefits payable under the provisions of RCW 41.18.040,
41.18.080, 41.18.l 00 and 41.18.200 as now or hereafter
amended, shall be increased annually as hereafter in
this section provided. The local pension board shall
meet subsequent to March 31st but prior to June 30th
of each year for the purpose of adjusting benefit allowances payable pursuant to the aforementioned sections.
The local board shall determine the increase in the
consumer price index between January 1st and
December 31st of the previous year and increase in
dollar amount the benefits payable subsequent to July
1st of the year in which said board makes such determination by a dollar amount proportionate to the increase in the consumer price index: Provided, That
regardless of the change in the consumer price index,
such increase shall be at least two percent each year
such adjustment is made.
Each year effective with the July payment all benefits
specified herein, shall be increased as authorized by this
section. This benefit increase shall be paid monthly as
part of the regular pension payment and shall be cumulative. The increased benefits authorized by this section shall not affect any benefit payable under the
41.26.250
provisions of chapter 41.18 RCW in which the benefit
payment is attached to a current salary of the rank held
at time of retirement.
For the purpose of this section the term
"Consumer price index" shall mean, for any calendar
year, the consumer price index for the Seattle,
Washington area as compiled by the bureau of labor
statistics of the United States department of labor.
[ 1975 1st ex.s. c 178 § 2; 1974 ex.s. c 190 § 2; 1970 ex.s.
c 37 § I; 1969 ex.s. c 209 § 33.]
Construction--Severability--1975 1st ex.s. c 178: See RCW 41.16.911, 41.16.921.
Construction--1970 ex.s. c 37: "This 1970 amendatory act shall
be null and void and of no further force and effect if the 1970 extraordinary session of the Legislature does not pass legislation authorizing cities and counties to levy additional taxes or appropriate at
least ten million dollars for distribution to cities and towns for the remainder of the 1969-71 fiscal biennium." (1970 ex.s. c 37 § 4.] This
applies to the 1970 amendments to RCW 41.16.145, 41.18.104 and
41.26.250.
Effective date-Severability--Construction--1969 ex.s. c 209:
See RCW 41.26.900 through 41.26.920.
Chapter 41.26
LAW ENFORCEMENT OFFICERS' AND FIRE
FIGHTERS' RETIREMENT SYSTEM
Sections
41.26.250
Increase in presently payable benefits for service or disability authorized.
41.26.250 Increase in presently payable benefits for
service or disability authorized. All benefits presently
payable pursuant to the provisions of RCW 41.20.050,
41.20.060 and 41.20.080 as such RCW sections existed
prior to the effective date of the amendment of such
RCW sections by sections 1, 2, 3, chapter 191, Laws of
1961 to persons who retired prior to the effective date of
the said 1961 amendatory act, shall be increased annually as hereafter in this section provided. The local pension board shall meet subsequent to March 31st but
prior to June 30th of each year for the purpose of adj us ting benefit allowances payable pursuant to the
aforementioned sections. The local board shall determine the increase in the consumer price index between
January 1st and December 31st of the previous year
and increase in dollar amount the benefits payable subsequent to July 1st of the year in which said board
makes such determination by a dollar amount proportionate to the increase in the consumer price index:
Provided, That regardless of the change in the consumer price index, such increase shall be at least two percent each year such adjustment is made.
Each year effective with the July payment all benefits
specified herein, shall lie increased as authorized by this
section. This benefit increase shall be paid monthly as
part of the regular pension payment and shall be
cumulative.
For the purpose of this section the term
"Consumer price index" shall mean, for any calendar
year, the consumer price index for the Seattle,
Washington area as compiled by the bureau of labor
statistics of the United States department of labor.
(1975 RCW Supp--p 367)
41.26.250
Title 41:
Public Employment, Civil Service and Pensions
(1975 !st ex.s. c 178 § 3: 1974 ex.s. c 190 § 3; 1970 ex.s.
c 37 ~ 2: 1969 ex.s. c 209 § 34.]
Construction--Severabilit\-1975 1st ex.s. c 178: See RCW 41.16.911. 41.16.921.
.
Construction--1970 ex.s. c 37: See note following RCW
41.18.104.
Chapter 41.32
TEACHERS' RETIREMENT
Sections
41.32.010
41.32.040
41.32.420
41.32.420
41.32.4941
41.32.4942
41.32.4943
41.32.680
Definitions.
Board of trustees-Composition-Terms.
Employer reports to board-Notice to new employees
(as amended by 1975 c 43).
Employer reports to board-Notice to new employees
(as amended by 1975 1st ex.s. c 275).
Repealed.
Repealed.
Funds required for payment under RCW 41.32.4932, 41.32.493, 41.32.4931, 41.32.494, 41.32.561, 41.32.480, 41.32.497, 41.32.498 and 41.32.550 to be provided in
accordance with RCW 41.32.401.
Deductions from retirement allowances for medical, hospital or other health care.
41.32.010 Definitions. As used in this chapter, unless
a different meaning is plainly required by the context:
(I) "Accumulated contributions" means the sum of
all regular annuity contributions together with regular
interest thereon less cost of operation.
(2) "Actuarial equivalent" means a benefit of equal
value when computed upon the basis of such mortality
tables and regulations as shall be adopted by the board
of trustees and regular interest.
.
(3) "Annuity" means the moneys payable per year
during life by reason of accumulated contributions of a
member.
(4) "Annuity fund" means the fund in which all of
the accumulated contributions of members are held.
(5) "Annuity reserve fund" means the fund to which
all accumulated contributions are transferred upon
retirement.
(6) "Beneficiary" means any person in receipt of a
retirement allowance or other benefit provided for by
the teachers' retirement law.
(7) "Contract" means any agreement for service and
compensation between a member and an employer.
(8) "Creditable service" means membership service
plus prior service for which credit is allowable.
(9) "Dependent" means receiving one-half or more of
support from a member.
(10) "Disability allowance" means monthly payments
during disability.
(11) "Earnable compensation" means all salaries and
wages paid by an employer to an employee member of
the retirement system for personal services rendered
during a fiscal year. In all cases where compensation
includes maintenance the board of trustees shall fix the
value of that part of the compensation not paid in
monev: Provided. That if a leave of absence, without
pay. i~ taken by a member for the purpose of serving as
a member of the state legislature, and such member has
served in the legislature five or more years, the salary
which would have been received for the position from
(1975 RCW Supp--p 368)
which the leave of absence was taken shall be considered as compensation earnable if the employee's contribution thereon is paid by the employee. In addition,
where a member has been a member of the state legislature for five or more years, earnable compensation for
his two highest compensated consecutive years of service shall include a sum not to exceed thirty-six hundred
dollars for each of such two consecutive years, regardless of whether or not legislative service was rendered
during those two years.
(12) "Employer" means the state of Washington, the
school district, or any agency of the state of
Washington by which the member is paid.
(13) "Fiscal year" means a year which begins July 1st
and ends June 30th of the following year.
(14) "Former srnte fund" means the state retirement
fund in operation for teachers under chapter 187, Laws
of 1923, as amended.
(15) "Local fund" means any of the local retirement
funds for teachers operated in any school district in accordance with the provisions of chapter 163, Laws of
1917 as amended.
(16) "Member" means any teacher included in the
membership of the retirement system. Also, any other
employee of the public schools who, on July 1, 1947,
had not elected to exempt himself from membership
and who, prior to that date, had by an authorized payroll deduction, contributed to the annuity fund.
(17) "Membership service" means service rendered
subsequent to the first day of eligibility of a person to
membership in the retirement system: Provided, That
where a member is employed by two or more employers
during any calendar year he shall not receive more than
a total of twelve months of service credit during any
such calendar year.
(18) "Pension'' means the moneys payable per year
during life from the pension fund.
(19) "Pension fund" means a fund from which all
pension obligations are to be paid.
(20) "Pension reserve fund" is a fund in the state
treasury in which shall be accumulated an actuarial reserve adequate to meet present and future pension liabilities of the system.
(21) "Prior service" means service rendered prior to
the first date of eligibility to membership in the retirement system for which credit is allowable.
(22) "Prior service contributions'' means contributions made by a member to secure credit for prior
service.
(23) "Public school" means any institution or activity
operated by the state of Washington or any instrumentality or political subdivision thereof employing teachers, ~xcept the University of Washington and
Washmgton State University.
(24) "Regular contributions'' means the amounts required to be deducted from the compensation of a
member and credited to his individual account in the
annuity fund.
(25) "Regular interest" means the interest on funds of
the retirement system for the current school year and
such other earnings as may be applied thereon by the
board of trustees.
Teachers' Retirement
(26) "Retirement allowance" means the sum of annuity and pension or any optional benefits payable in lieu
thereof.
(27) "Retirement system" means the Washington
state teachers' retirement. system.
(28) "Service" means the time during which a member has been employed by an employer for compensation: Provided, That where a member is employed by
two or more employers during any calendar year he
shall not receive more than a total of twelve months of
service credit during any such calendar year.
(29) "Survivors' benefit fund" means the fund from
which survivor benefits are paid to dependents of deceased members.
(30) "Teacher" means any person qualified to teach
who is engaged by a public school in an instructional,
administrative, or supervisory capacity, including state,
educational service district, city superintendents and
their assistants and certificated employees; and in addition thereto any qualified school librarian, any registered nurse or any full time school doctor who is
employed by a public school and renders service of an
instructional or educational nature. [1975 1st ex.s. c 275
§ 149; 1974ex.s.c 199§ 1; 1969ex.s.c 176§95; 1967c
50 § 11; 1965 ex.s. c 81 § 1; 1963 ex.s. c 14 § 1; 1955 c
274 § 1; 1947 c 80 § l; Rem. Supp. 1947 § 4995-20.
Prior: 1941c97 § l; 1939 c 86 § l; 1937 c·221 § l; 1931
c 115 § 1; 1923 c 187 § 1; 1917 c 163 § 1; Rem. Supp.
1941 § 4995-1.]
Emergency--1974 ex.s. c 199: "This 1974 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 immediately." [1974 ex.s. c 199 § 7.)
Severability--1974 ex.s. c 199: "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
199 § 8.)
The above annotations apply to RCW 41.32.010, 41.32.260, 41.32.4945, 41.32.497, and 41.32.498.
Construction--1974 ex.s. c 199: "(!) Subsection (3) of section 4 of
this 1974 amendatory act relating to elected and appointed officials
shall be retroactive to January I, 1973.
(2) Amendatory language contained in subsection (11) of section 1
relating to members as members of the legislature and in provisos (2)
and (3) of section 2 of this 1974 amendatory act shall only apply to
those members who are serving as a state senator, state representative
or state superintendent of public instruction on or after the effective
date of this 1974 amendatory act.
(3) Notwithstanding any other provision of this 1974 amendatory
act, RCW 41.32.497 as last amended by section 2, chapter 189, Laws
of 1973 lst ex. sess. shall be applicable to any member serving as a
state senator, state representative or superintendent of public instruction on the effective date of this 1974 amendatory act." [1974 ex.s. c
199 § 5.)
(!) "Subsection (3) of section 4 of this 1974 amendatory act" is
codified as RCW 41.32.49.8(3).
(2) Amendatory language contained in sections I and 2 of this 1974
amendatory act [1974 ex.s. c 199) [Substitute House Bill No. 779)
reads as follows:
"Section I. Section I, chapter 80, Laws of 1947 as last amended by
section 95, chapter 176, Laws of 1969 ex. sess. and RCW 41.32.010
are each amended to read as follows:
As used in this chapter, unless a different meaning is plainly required by the context:
(!) "Accumulated contributions" means the sum of all regular annuity contributions together with regular interest thereon less cost of
operation.
41.32.010
(2) "Actuarial equivalent" means a benefit of equal value when
computed upon the basis of such mortality tables and regulations as
shall be adopted by the board of trustees and regular interest.
(3) "Annuity" means the moneys payable per year during life by
reason of accumulated contributions of a member.
(4) "Annuity fund" means the fund in which all of the accumulated
contributions of members are held.
(5) "Annuity reserve fund" means the fund to which all accumulated contributions are transferred upon retirement.
(6) "Beneficiary" means any person in receipt of a retirement allowance or other benefit provided for by the teachers' retirement law.
(7) "Contract" means any agreement for service and compensation
between a member and an employer.
(8) "Creditable service" means membership service plus prior service for which credit is allowable.
(9) "Dependent" means receiving one-half or more of support from
a member.
(10) "Disability allowance" means monthly payments during
disability.
(I I) "Earnable compensation" means all salaries and wages paid by
an employer to an employee member of the retirement system for
personal services rendered during a fiscal year. In all cases where
compensation includes maintenance the board of trustees shall fix the
value of that part of the compensation not paid in money: Provided,
That if a leave of absence, without pay, is taken by a member for the
purpose of serving as a member of the state legislature, and such
member has served in the le islature 5 or more ears, the sala which
would have been received for the osition from w 1c t e eave of
absence was taken sha I e cons1 ere as com ensat10n earna e 1
the em lo ee's contribution t ereon 1s a1
t e em o ee. n a dition, where a member has een a mem er oft e state eg1s ature or
5 or more ears, earnable com ensation for his two hi est com ensated consecutive ears of service s a me u e a sum not to excee
thirt -six hundred dollars or eac o sue two consecutive ears, reurmg
gardless of whether or not eg1s at1ve service was ren ere
those two years.
(12) "Employer" means the state of Washington, the school district,
or any agency of the state of Washington by which the member is
paid.
(13) "Fiscal year'' means a year which begins July !st and ends
June 30th of the following year.
(14) "Former state fund" means the state retirement fund in operation for teachers under chapter 187, Laws of 1923, as amended.
(15) "Local fund" means any of the local retirement funds for
teachers operated in any school district in accordance with the provisions of chapter 163, Laws of 1917 as amended.
(16) "Member" means any teacher included in the membership of
the retirement system. Also, any other employee of the public schools
who, on July I, 1947, had not elected to exempt himself from membership and who, prior to that date, had by an authorized payroll deduction, contributed to the annuity fund.
(17) "Membership service" means service rendered subsequent to
the first day of eligibility of a person to membership in the retirement
system: Provided, That where a member is em lo ed b two or more
em lo ers durin an ca en ar ear e s a not receive more t an a
total of twelve months of service ere 1t unng any sue ca en ar
year.
(18) "Pension" means the moneys payable per year during life from
the pension fund.
(19) "Pension fund" means a fund from which all pension obligations are to be paid.
(20) "Pension reserve fund" is a fund in the state treasury in which
shall be accumulated an actuarial reserve adequate to meet present
and future pension liabilities of the system.
(21) "Prior service" means service rendered prior to the first date of
eligibility to membership in the retirement system for which credit is
allowable.
(22) "Prior service contributions" means contributions made by a
member to secure credit for prior service.
(23) "Public school" means any institution or activity operated by
the state of Washington or any instrumentality or political subdivision
thereof employing teachers, except the University of Washington and
Washington State University.
(24) "Regular contributions" means the amounts required to be deducted from the compensation of a member and credited to his individual account in the annuity fund.
[1975 RCW Sup~ 3691
41.32.010
Title 41:
Public Employment, Civil Service and Pensions
(~5) "Regular interest" means the interest on funds of the retirement system for the current school year and such other earnings as
may be applied thereon by the board of trustees.
(26) "Retirement allowance" means the sum of annuity and pension or any opt10nal benefits payable in lieu thereof.
(27) "Retirement system" means the Washington state teachers' retirement system.
(28) "Service" means the time during which a member has been
employed by an employer for compensation: Provided, That where a
member is em lo ed b two or more em lo ers durin an calendar
ear he shal not receive more t an a total of twelve months of service
credit during any sue ca en ar year.
(29) "Survivors' benefit fund" means the fund from which survivor
benefits are paid to dependents of deceased members.
(30) "Teacher" means any person qualified to teach who is engaged
by a public school in an instructional, administrative, or supervisory
capacity, including state, intermediate school district, city superintendents and their assistants and certificated employees; and in addition thereto any qualified school librarian, any registered nurse or any
full time school doctor who is employed by a public school and renders service of an instructional or educational nature.
Sec. 2. Section 26, chapter 80, Laws of 1947 as last amended by
section 1, chapter 189, Laws of 1973 1st ex. sess. and RCW 41.32.260
are each amended to read as follows:
Any member whose public school service is interrupted by active
service to the United States as a member of its military, naval or air
service, or to the state of Washington, as a member of the legislature,
may upon becoming reemployed in the public schools, receive credit
for such service upon presenting satisfactory proof, and contributing
to the annuity fund, either in a lump sum or installments, such
amounts as shall be determined by the board of trustees: Provided
(I), That no such military service credit in excess of five years shall be
established or reestablished after July I, 1961, unless the service was
actually rendered during time of war: Provided further (2), That a
member of the retirement system who is a member of the state legislature or a state official eligible for the combined pension and annuity
provided by RCW 41.32.497, or 41.32.498, as now or hereafter
amended shall have deductions taken from his salary in the amount
of ((snen and one half)) six percent of eamable compensation and
that service credit shall be established with the retirement system
while such deductions are reported to the retirement system, unless he
has by reason of his employment become a contributing member of
another public retirement system in the state of Washington: And
rovided further (3), That such elected official who has retireCfOr
ot erwise terminate
1s u 1c sc oo service ma t en e ect to terminate his mem ers ip in t e retirement system and receive retirement benefits while continuing to serve as an elected official: And!
provided further (4), That a member of the retirement system who
had previous service as an elected or appointed official, for which he
did not contribute to the retirement system, may receive credit for
such legislative service unless he has received credit for that service in
another state retirement system, upon making contributions in such
amounts as shall be determined by the board of trustees."
Reviser's note: The change above in proviso (2) was vetoed by the
governor, thus retaining the seven and one-half percent figure; see
veto message as attached to chapter 199, Laws of 1974 ex. sess.
(3) (a) "this 1974 amendatory act" is codified in RCW 41.32.010,
41.32.260, 41.32.497, 41.32.498 and 41.32.4945.
(b) "the effective date of this 1974 amendatory act" (1974 ex.s. c
199] is May 6, 1974.
Effective date---1969 ex.s. c 176: The effective date of this section
and RCW 41.32.420 is April 25, 1969.
Effective date---1967 c 50: "This 1967 amendatory act shall take
effect on July I, 1967." (1967 c 50 § 12.]
Severability--1967 c 50: "If any provision of this 1967 amendatory act, or its application to any person or circumstance is held
invalid, the remainder of this 1967 amendatory act, or the application
of the provision to other persons or circumstances is not affected."
(1967 c 50 § 13.]
The foregoing annotations apply to the 1967 amendments of RCW
41.32.010, 41.32.250, 41.32.260, 41.32.280, 41.32.420, 41.32.430, 41.32.500, 41.32.520, 41.32.522, 41.32.523, and 41.32.550.
Severability--1965 ex.s. c 81: "If any provision of this act is held
to be invalid the remainder of this act shall not be affected." [1965
ex.s. c 81 § 9.]
(1975 RCW Supp--p 370)
Effective date---1965 ex.s. c 81: "The effective date of this act is
July 1, 1965." (1965 ex.s. c 81 § 10.]
The foregoing annotations apply to the 1965 amendments of RCW
41.32.010, 41.32.200, 41.32.240, 41.32.470, 41.32.500, 41.32.520, 41.32.523, and 41.32.310.
Saving--1963 ex.s. c 14: "The amendment of any section by this
1963 act shall not be construed as impairing any existing right acquired or any liability incurred by any member under the provisions
of the section amended; nor shall it affect any vested right of any
former member who reenters public school employment or becomes
reinstated as a member subsequent to the effective date of such act."
[1963 ex.s. c 14 § 23.]
Severability--1963 ex.s. c 14: "If any provision of this act is held
to be invalid the remainder of the act shall not be affected." [1963
ex.s. c 14 § 24.]
Effective date---1963 ex.s. c 14: "The effective date of this act is
July l, 1964." (1963 ex.s. c 14 § 26.]
The foregoing annotations apply to the 1963 amendments of RCW
41.32.010, 41.32.030, 41.32.200, 41.32.240, 41.32.300, 41.32.320, 41.32.350, 41.32.360, 41.32.410, 41.32.420, 41.32.430, 41.32.470, 41.32.510,
41.32.540, 41.32.550; also to the 1963 repeals of RCW 41.32.270,
41.32.400 and 41.32.450; also to RCW 41.32.365, 41.32.401, 41.32.497,
41.32.522 and 41.32.523.
41.32.040 Board of trustees--Composition-Terms. The general administration and responsibility
for the proper operation of the retirement system are
vested in a board of trustees; the members of the board
of trustees shall be the state superintendent of public
instruction, ex officio, the state insurance commissioner,
ex officio, five members of the retirement system to be
chosen by the state board of education for a term of
three years, at least three of whom shall be classroom
teachers; and two additional members who shall be
former members of the retirement system who are
drawing retirement benefits from the system for service
or disability. These two are to be selected by the state
board of education. One such retirement member will
serve an initial term of two years and the other will
serve an initial term of three years. Thereafter each
such retirement member shall serve for a term of three
years. [1975 1st ex.s. c 17 § I; 1947 c 80 § 4; Rem.
Supp. 1947 § 4995-23. Prior: 1941 c 97 § 2, part; 1937 c
221 § 3, part; 1923 c 187 § 3, part; 1917 c 163 § 3, part;
Rem. Supp. 1941§4995-3, part.]
41.32.420 Employer reports to board-Notice to new employees
(as amended by 1975 c 43). On or before a date specified by the board
of trustees in each month every employer shall file a report with the
board of trustees of the retirement system on a form provided, stating
the name of the employer and with respect to .-:ach employee who is a
member or who is required to become a member of the retirement
system: (1) The full name, (2) the earnable compensation paid, (3) the
employee's contribution to the retirement system, and (4) such other
information as the board shall require, and at the same time notify
each new employee in writing with reference to the Washington state
teachers' retirement system and that an application for prior service
credit may be filed with the board of trustees thereof on a form furnished by the board. The intermediate school district superintendent
shall perform the duties imposed by this section for the employers in
second class school districts and the city superintendents for the employers in first class school districts. The chief executive officers of
other institutions shall perform such duties. [ 1975 c 43 § 32; 1969 ex.s.
c 176 § 96; 1967 c 50 § 4; 1963 ex.s. c 14 § 13; 1947 c 80 § 42; Rem .
Supp. 1947 § 4995--01.]
Effective date---Severability--1975 c 43: See notes following
RCW 28A.57.140.
Washington Public Employees' Retirement System
41.32.420 Employer reports to board-Notice to new employees
(as amended by 1975 1st ex.s. c 275). On or before a date specified by
the board of trustees in each month every employer shall file a report
with the board of trustees of the retirement system on a form provided, stating the name of the employer and with respect to each employee who is a member or who is required to become a member of
the retirement system: (1) The full name, (2) the earnable compensation paid, (3) the employee's contribution to the retirement system,
and (4) such other information as the board shall require, and at the
same time notify each new employee in writing with reference to the
Washington state teachers' retirement system and that an application
for prior service credit may be filed with the board of trustees thereof
on a form furnished by the board. The educational service district superintendent shall perform the duties imposed by this section for the
employers in second and third class school districts and the city superintendents for the employers in first class school districts. 1:'he
chief executive officers of other institutions shall perform such duties.
(1975 1st ex.s. c 275 § 150; 1969 ex.s. c 176 § 96; 1967 c 50 § 4; 1963
ex.s. c 14 § 13; 1947 c 80 § 42; Rem. Supp. 1947 § 4995-61.)
Reviser's note: RCW 41.32.420 was amended twice during the 1975
regular and first extraordinary session, 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.
Effective date--1969 ex.s. c 176: See note following RCW
41.32.010.
Effective date---Severability-1967 c 50: See notes following
RCW 41.32.010.
Effective date--1963 ex.s. c 14: See note following RCW
41.32.010.
41.32.4941 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
41.32.4942 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
41.32.4943 Funds required for payment under RCW
41.32.4932, 41.32.493, 41.32.4931, 41.32.494, 41.32.561,
41.32.480, 41.32.497, 41.32.498 and 41.32.550 to be provided in accordance with RCW 41.32.401. The funds
necessary for the payment of benefits under subsections
(4), (5), (6) and (7) of RCW 41.32.4932, 41.32.493, 41.32.493 I, 41.32.494, 41.32.56 I and the funds required for
the payment of benefits under RCW 41.32.480, 41.32.497, 41.32.498, and 41.32.550 shall be provided in accordance with RCW 41.32.40 I. [ 1975 I st ex.s. c 148 § I;
1972 ex.s. c 147 § 3; 1970 ex.s. c 35 § 7.]
Effective date---Severability--1972 ex.s. c 147: See notes following RCW 41.32.480.
41.32.680 Deductions from retirement allowances for
medical, hospital or other health care. Participants in a
health care benefit plan approved pursuant to RCW
28A.58.420 and 41.05.020 who are retired or any group
of not less than one hundred retired members may authorize the deduction from their retirement allowances,
of the amount or amounts of their subscription payments, premiums, or contributions to any person, firm
or corporation furnishing or providing medical, surgical
and hospital cai:e or other health care insurance upon
the approval by the board of trustees of an application
for such deduction on the prescribed form, and the
treasurer of the state shall duly and timely draw and issue proper warrants directly to and in favor of the person, firm, or corporation, or organization named in the
authorization for the total amount authorized to be deducted. [1975 c 17 § I; 1972 ex.s. c 147 § 4.]
41.40.120
Effective date---Severability--1972 ex.s. c 147: See notes following RCW 41.32.480.
Chapter 41.40
WASHINGTON PUBLIC EMPLOYEES'
RETIREMENT SYSTEM
Sections
41.40.120
Membership.
41.40.120 Membership. Membership in the retirement system shall consist of all regularly compensated
employees and appointive and elective officials of employers as defined in this chapter who have served at
least six months without interruption or who are employed, appointed or elected on or after July 1, 1965,
with the following exceptions:
(1) Persons in ineligible positions;
(2) Employees of the legislature except the officers
thereof elected by the members of the senate and the
house and legislative committees, unless membership of
such employees be authorized by the said committee;
(3) Persons holding elective offices or persons appointed directly by the governor: Provided, That such
persons shall have the option of applying for membership and to be accepted by the action of the retirement
board, such application for those taking elective office
for the first time after May 21, 1971 shall be submitted
within eight years of the beginning of their initial term
of office: And provided further, That any such persons
previously denied service credit because of any prior
laws excluding membership which have subsequently
been repealed, shall nevertheless be allowed to recover
or regain such service credit denied or lost because of
the previous lack of authority: And provided further,
That any persons holding elective offices or persons appointed by the governor who are members in the retirement system and who have, prior to becoming such
members, previously held an elective office, and did not
at the start of such initial or successive terms of office
exercise their option to become members, may apply
for membership and be accepted by action of the retirement board, to be effective during such term or
terms of office, and shall be allowed to recover or regain the service credit applicable to such term or terms
of office upon payment of the employee contributions
therefor by the employee and employer contributions
therefor by the employer or employee: And provided
further, That any person who was an elected official eligible to apply for membership pursuant to this subsection, who failed to exercise that option while holding
such elected office and who is now a member of the retirement system, shall have the option to recover service
credit for such elected service upon payment to the retirement system of the employee and employer contributions which would have been made had the person
been a member during the period of such elective
service;
(4) Employees holding membership in, or receiving
pension benefits under, any retirement plan operated
wholly or in part by an agency of the state or political
(1975 RCW Supp--p 371)
41.40.120
Title 41:
Public Employment, Civil Service and Pensions
subdivision thereof. or who are by reason of their current employment contributing to or otherwise establishing the right to recei\e benefits from any such
retirement plan: Provided. however, In any case where
the state employees' retirement svstem has in existence
an agreement with another retirement system in connection with exchange of service credit or an agreement
whereby members can retain service credit in more than
one system. such an employee shall be allowed membership rights should the agreement so provide: And
provided further, That an employee shall be allowed
membership if otherwise eligible while receiving survivor's benefits as secondary payee under the optional retirement allowances as provided by RCW 41.40.190 or
41.40.185;
(5) Patient and inmate help in state charitable, penal
and correctional institutions;
(6) "Members" of a state veterans' home or state soldiers' home;
(7) Persons employed by an institution of higher
learning or community college, primarily as an incident
to and in furtherance of their education or training, or
the education or training of a spouse;
(8) Employees of an institution of higher learning or
community college during the period of service necessary to establish eligibility for membership in the retirement plans operated by such institutions;
(9) Persons rendering professional services to an employer on a fee, retainer or contract basis or as an incident to the private practice of a profession;
( 10) Persons appointed after April 1, 1963 by the liquor control board as agency vendors.
( 11) Employees of a labor guild, association, or organization: Provided, That elective officials and employees of a labor guild, association, or organization
which qualifies as an employer within this chapter shall
have the option of applying for membership and to be
accepted by the action of the retirement board.
(12) Persons hired in eligible positions on a temporary basis for a period not to exceed six months: Provided, That if such employees are employed for more
than six months in an eligible position they shall become members of the system.
(13) Persons employed by or appointed or elected as
an official of a first class city that has its own retirement
system: Provided, That any member elected or appointed to an elective office on or after April 1, 1971
shall have the option of continuing his membership in
this system in lieu of becoming a member of the city
system. A member who so elects to maintain his membership shall make his contributions and the city shall
pay the employer contributions at the rates prescribed
by this chapter. The city shall also transfer to this system all of such member's accumulated contributions
together with such further amounts as necessary to
equal all employee and employer contributions which
would have been paid into this system on account of
such service with the city and thereupon the member
shall be granted credit for all such service. Any city that
becomes an employer as defined in RCW 41.40.010(4)
as the result of an individual's election under the first
proviso of this subsection shall not be required to have
(1975 RCW Supp----p 3721
all employees covered for retirement under the provisions of this chapter. Nothing in this subsection shall
prohibit a city of the first class with its own retirement
system from transferring all of its current employees to
the retirement system established under this chapter.
Notwithstanding any other provision of this chapter,
persons transferring from employment with a first class
city of over four hundred thousand population that has
its own retirement system to employment with the state
department of agriculture may elect to remain within
the retirement system of such city and the state shall
pay the employer contributions for such persons at like
rates as prescribed for employers of other members of
such system. [1975 c 33 § 6; 1974 ex.s. c 195 § 2; 1973
1st ex.s. c 190 § 5; 1971 ex.s. c 271 § 4; 1969 c 128 § 5;
1967 c 127 § 3; 1965 c 155 § 2; 1963 c 225 § 2; 1963 c
210 § 1; 1957 c 231§2; 1955 c 277 § 2; 1953 c 200 § 5;
1951 c 50 § 2; 1949 c 240 § 7; 1947 c 274 § 13; Rem.
Supp. 1949 § 11072-13.]
Severability--1975 c 33: See note following RCW 35.21.780.
Severability--1974 ex.s. c 195: See note following RCW
41.40.030.
Severability--1973 1st ex.s. c 190: See note following RCW
41.40.010.
Severability--1971 ex.s. c 271: See note following RCW
41.40.120.
Severability--1969 c 128: See note following RCW 41.40.010.
Pension benefits or annuity benefits for certain classifications of
school district employees: RCW 28A.58.565.
Chapter 41.56
PUBLIC EMPLOYEES' COLLECTIVE
BARGAINING
Sections
41.56.030
41.56.050
41.56.060
41.56.070
41.56.080
41.56.090
41.56.100
41.56.122
41.56.125
41.56.160
41.56.170
41.56.180
41.56.190
41.56.440
41.56.450
Definitions.
Disagreement in selection of bargaining representative--Intervention by commission.
Determination of bargaining unit--Bargaining
representative.
Election to ascertain bargaining representative.
Certification of bargaining representative--Scope of
representation.
Rules and regulations.
Authority and duty of employer to engage in collective
bargaining--Limitations--Mediation upon failure
to agree.
Collective bargaining agreements--Authorized
prov1s10ns.
Arbitrators--Selection--Additional method.
Commission to prevent unfair labor practices and issue
remedial orders.
Commission to prevent unfair labor practices and issue
remedial or?ers--Procedure--Complaint--Not1ce of _heanng--Answer--Intervening partiesComm1ss10n not bound by technical rules of evidence.
Commission to prevent unfair labor practices and issue
remedial orders--Procedure--Subpoena power--Oaths and affinnations--Receiving evidence.
Commission to prevent unfair labor practices and issue
remedial orders--Procedure--Petition to court for
enforcement of order or other relief--Transcript
filed--N otice----Court decree.
Uniformed personnel--Negotiations--lmpasse defined--Fact-finding panel--Hearings-Findings.
Uniformed personnel--Arbitration panel--Powers
and duties--Hearings--Findings and
determination.
Public Employees' Collective Bargaining
41.56.480
Uniformed personnel-Refusal to subm:it to procedures-Invoking jurisdiction of supenor courtContempt.
41.56.030 Definitions. As used in this chapter:
(I) "Public employer" means any officer, board,
commission, council, or other person or body acting on
behalf of any public body governed by this chapter as
designated by RCW 41.56.020, or any subdivision of
such public body.
(2) "Public employee'' means any employee of a
public employer except any person (a) elected by popular vote, or (b) appointed to office pursuant to statute,
ordinance or resolution for a specified term of office by
the executive head or body of the public employer, or
(c) whose duties as deputy, administrative assistant or
secretary necessarily imply a confidential relationship to
the executive head or body of the applicable bargaining
unit, or any person elected by popular vote or appointed to office pursuant to statute, ordinance or resolution
for a specified term of office by the executive head or
body of the public employer.
(3) "Bargaining representative" means any lawful organization which has as one of its primary purposes the
representation of employees in their employment relations with employers.
(4) "Collective bargaining" means the performance of
the mutual obligations of the public employer and the
exclusive bargaining representative to meet at reasonable times, to confer and negotiate in good faith, and to
execute a written agreement with respect to grievance
procedures and collective negotiations on personnel
matters, including wages, hours and working conditions, which may be peculiar to an appropriate bargaining unit of such public employer, except that by
such obligation neither party shall be compelled to
agree to a proposal or be required to make a concession
unless otherwise provided in this chapter.
(5) "Commission" means the public employment relations commission.
(6) "Uniformed personnel" means (a) law enforcement officers as defined in RCW 41.26.030 as now or
hereafter amended, of cities with a population of fifteen
thousand or more or law enforcement officers employed
by the governing body of AA counties or (b) fire fighters as that term is defined in RCW 41.26.030, as now or
hereafter amended. [1975 1st ex.s. c 296 § 15; 1973 c
131 § 2; 1967 ex.s. c 108 § 3.]
Effective date-1975 2nd ex.s. c 5: See RCW 41.58.901.
Construction-1973 c 131: See RCW 41.56.905.
Severability-1973 c 131: See RCW 41.56.910.
Public employment relations commission: Chapter 41.58 RCW.
41.56.080
41.56.060 Determination of bargaining unit--Bargaining representative. The commis~ion, after ~ear!ng
upon reasonable notice, shall _decide m. e~ch application
for certification as an exclusive bargammg representative, the unit appropriate for the purpose of colle_ct!ve
bargaining. In determining, modifying, or coi:ribmmg
the bargaining unit, the commission shall cons1d.er the
duties, skills, and working conditions of the public employees; the history of collective _bargaining by_ the
public employees and their bargainmg representatives;
the extent of organization among the public empl~ye.es;
and the desire of the public employees. The comm1ss10n
shall determine the bargaining representative by (1) examination of organization membership rolls, (2) comparison of signatures on organizati?n bargain~ng
authorization cards, or (3) by conductmg an election
specifically therefor. [ 1975 1st ex.s. c 296 § 17; 1967
ex.s. c 108 § 6.]
Effective date-1975 2nd ex.s. c 5: See RCW 41.58.901.
41.56.070 Election to ascertain bargaining representative. In the event the commission elects to conduct an
election to ascertain the exclusive bargaining representative, and upon the request of a prospective bargain_ing
representative showing written proof of at least th1rty
percent representation of the public employees within
the unit, the commission shall hold an election by secret
ballot to determine the issue. The ballot shall contain
the name of such bargaining representative and of any
other bargaining representative showing written proof
of at least ten percent representation of the public employees within the unit, together with a choice for any
public employee to designate that he does not desire to
be represented by any bargaining agent. Where more
than one organization is on the ballot and neither of the
three or more choices receives a majority vote of the
public employees within the bargaining unit, a run-off
election shall be held. The run-off ballot shall contain
the two choices which received the largest and secondlargest number of votes. No question concerning representation may be raised within one year of a certification or attempted certification. Where there is a valid
collective bargaining agreement in effect, no question of
representation may be raised except during the period
not more than ninety nor less than sixty days prior to
the expiration date of the agreement. Any agreement
which contains a provision for automatic renewal or
extension of the agreement shall not be a valid agreement; nor shall any agreement be valid if it provides for
a term of existence for more than three years. [ 1975 1st
ex.s. c 296 § 18; 1967 ex.s. c 108 § 7.]
Effective date-1975 2nd ex.s. c 5: See RCW 41.58.901.
41.56.050 Disagreement in selection of bargaining
representative--Intervention by commission. In the
event that a public employer and public employees are
in disagreement as to the selection of a bargaining representative the commission shall be invited to intervene
as is provided in RCW 41.56.060 through 41.56.090.
[1975 1st ex.s. c 296 § 16; 1967 ex.s. c 108 § 5.]
Effective date-1975 2nd ex.s. c 5: See RCW 41.58.901.
41.56.080 Certification of bargaining representative-Scope of representation. The bargaining representative which has been determined to represent a
majority of the employees in a bargaining unit shall be
certified by the commission as the exclusive bargaining
representative of, and shall be required to represent, all
the public employees within the unit without regard to
(1975 RCW Supp--p 373)
41.56.080
Title 41:
Public Employment, Civil Service and Pensions
membership in said bargaining representative: Provided. That any public employee at any time may present
his grievance to the public employer and have such
grievance adjusted without the intervention of the exclusive bargaining representative. if the adjustment is
not inconsistent with the terms of a collective bargaining agreement then in effect, and if the exclusive bargaining representative has been given reasonable
opportunity to be present at any initial meeting called
for the resolution of such grievance. [1975 1st ex.s. c 296
§ 19: 1967 ex.s. c 108 § 8.]
Effective date----1975 2nd ex.s. c 5: See RCW 41.58.901.
41.56.090 Rules and regulations. The commission
shall promulgate, revise or rescind such rules and regulations as it may deem necessary or appropriate to administer the provisions of this chapter in conformity
with the intent and purpose of this chapter and consistent with the best standards of labor-management relations. [1975 1st ex.s. c 296 § 20; 1967 ex.s. c 108 § 9.]
Effective date----1975 2nd ex.s. c 5: See RCW 41.58.901.
41.56.100 Authority and duty of employer to engage
in collective bargaining--Limitations--Mediation
upon failure to agree. A public employer shall have the
authority to engage in collective bargaining with the
exclusive bargaining representative and no public employer shall refuse to engage in collective bargaining
with the exclusive bargaining representative: Provided,
That nothing contained herein shall require any public
employer to bargain collectively with any bargaining
representative concerning any matter which by ordinance, resolution or charter of said public employer has
been delegated to any civil service commission or personnel board similar in scope, structure and authority
to the board created by chapter 41.06 RCW. Upon the
failure of the public employer and the exclusive bargaining representative to conclude a collective bargaining agreement, any matter in dispute may be submitted
by either party to the commission. [1975 1st ex.s. c 296
§ 21; J967 ex.s. c 108 § 10.]
Effective date----1975 2nd ex.s. c 5: See RCW 41.58.901.
Arbitration of labor disputes: Chapter 49.08 RCW.
41.56.122 Collective bargaining agreements--Authorized provisions. A collective bargaining agreement
may:
(1) Contain union security provisions: Provided, That
nothing in this section shall authorize a closed shop
provision: Provided further, That agreements involving
union security provisions must safeguard the right of
nonassociation of public 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 an amount of money equivalent to regular union dues and initiation fee to a nonreligious charity or to another charitable organization
mutually agreed upon by the public employee affected
and the bargaining representative to which such public
employee would otherwise pay the dues and initiation
fee. The public employee shall furnish written proof
(1975 RCW Supp--p 3741
that such payment has been made. If the public employee and the bargaining representative do not reach
agreement on such matter, the commission shall designate the charitable organization. When there is a conflict between any collective bargaining agreement
reached by a public employer and a bargaining representative on a union security provision and any charter.
ordinance, rule, or regulation adopted by the public
employer or its agents, including but not limited to, a
civil service commission, the terms of the collective
bargaining agreement shall prevail.
(2) Provide for binding arbitration of a labor dispute
arising from the application or the interpretation of the
matters contained in a collective bargaining agreement.
[1975 1st ex.s. c 296 § 22; 1973 c 59 § 2.]
Effective date----1975 2nd ex.s. c 5: See RCW 41.58.901.
41.56.125 Arbitrators--Selection--Additional
method. In addition to any other method for selecting
arbitrators, the parties may request the public employment relations commission to, and the commission
shall, appoint a qualified person who may be an employee of the commission to act as an arbitrator to assist in the resolution of a labor dispute between such
public employer and such bargaining representative
arising from the application of the matters contained in
a collective bargaining agreement. The arbitrator shall
conduct such arbitration of such dispute in a manner as
provided for in the collective bargaining agreement:
Provided, That the commission shall not collect any
fees or charges from such public employer or such bargaining representative for services performed by the
commission under the provisions of this chapter: Provided further, That the provisions of chapter 49.08
RCW shall have no application to this chapter. [ 1975
1st ex.s. 296 § 23; 1973 c 59 § 3.]
Effective date----1975 2nd ex.s. c 5: See RCW 41.58.901.
41.56.160 Commission to prevent unfair labor practices and issue remedial orders. The commission is empowered and directed to prevent any unfair labor
practice and to issue appropriate remedial orders. This
power shall not be affected or impaired by any means
of adjustment, mediation or conciliation in labor disputes that have been or may hereafter be established by
law. [1975 1st ex.s. c 296 § 24; 1969 ex.s. c 215 § 3.]
Effective date----1975 2nd ex.s. c 5: See RCW 41.58.901.
41.56.170 Commission to prevent unfair labor practices and issue remedial orders--Procedure-Complaint--Notice of hearing--Answer--lntervening
parties-Commission not bound by technical rules of
evidence. Whenever a charge has been made concerning
any unfair labor practice, the commission shall have
power to issue and cause to be served a complaint stating the charges in that respect, and containing a notice
of hearing before the commission at a place therein
fixed to be held not less than seven days after the serving of said complaint. Any such complaint may be
Public Employees' Collective Bargaining
amended by the commission any time prior to the issuance of an order based thereon. The person so complained of shall have the right to file an answer to the
original or amended complaint within five days after
the service of such original or amended complaint and
to appear in person or otherwise to give testimony at
the place and time set in the complaint. In the discretion of the commission, any other person may be allowed to intervene in the said proceedings and to
present testimony. In any such proceeding the commission shall not be bound by technical rules of evidence
prevailing in the courts of law or equity. [1975 lst ex.s.
c 296 § 25; 1969 ex.s. c 215 § 4.]
Effective date---1975 2nd ex.s. c 5: See RCW 41.58.901.
41.56.180 Commission to prevent unfair labor practices and issue remedial orders--Procedure-Subpoena power--Oaths and affirmations--Receiving
evidence. For the purpose of all hearings and investigations, which, in the opinion of the commission, are necessary and proper for the exercise of the powers vested
in it by RCW 41.56.140 through 41.56.190, the commission shall at all reasonable times have access to, for the
purposes of examination, and the right to examine,
copy or photograph any evidence, including payrolls or
lists of employees, of any person being investigated or
proceeded against that relates to any matter under investigation or in question. The commission shall have
power to issue subpoenas requiring the attendance and
testimony of witnesses and the production of any evidence that relates to any matter under investigation or
in question before the commission. The commission, or
any agent, or agency designated by the commission for
such purposes, may administer oaths and affirmations,
examine witnesses, and receive evidence. [ 1975 1st ex.s.
c 296 § 26; 1969 ex.s. c 215 § 5.]
Reviser's note. "this act" translated to "RCW 41.56.140 through
41.56.190"; 1969 ex.s. c 215 included sections codified as RCW 28B.16.230, 41.06.300 and 41.56.400 through 41.56.420.
Effective date---1975 2nd ex.s. c 5: See RCW 41.58.901.
41.56.190 Commission to prevent unfair labor practices and issue remedial orders--Procedure-Petition to court for enforcement of order or other relief-Transcript filed--Notice-Court decree. The commission, or any party to the commission proceedings,
thirty days after the commission has entered its findings
of fact, shall have power to petition the superior court
of the state within the county wherein the unfair labor
practice in question occurred or wherein any person
charged with the unfair labor practice resides or transacts business, or if such court be on vacation or in recess, then to the superior court of any county adjoining
the county wherein the unfair labor practice in question
occurred or wherein any person charged with the unfair
labor practice resides or transacts business, for the enforcement of such order and for appropriate temporary
relief or restraining order, and shall certify and file in
the court a transcript of the entire record in the proceeding, including the pleadings and testimony upon
which such order was made and the findings and order
of the commission. Upon such filing, the court shall
41.56.440
cause notice thereof to be served upon such person, and
thereupon shall have jurisdiction of the proceeding and
of the question determined therein, and shall have
power to grant such temporary relief or restraining order as it deems just and proper, and to make and enter
upon the pleadings, testimony, and proceedings set
forth in such transcript a decree enforcing, modifying,
and enforcing as so modified, or setting aside in whole
or in part the order of the commission. [1975 1st ex.s. c
296 § 27; 1969 ex.s. c 215 § 6.]
Effective
da~e-1975
2nd ex.s. c 5: See RCW 41.58.901.
41.56.440 Uniformed personnel--Negotiations-lmpasse
defined--Fact-finding
panel--Hearings-Findings. Negotiations between representatives
of the public employer and uniformed personnel shall
be commenced at least five months prior to the submission of the budget to the legislative body of the public
employer. If after a forty-five day period of negotiation
between representatives of the public employer and uniformed personnel, an agreement has not been concluded, then an impasse is declared to exist, and either party
may voluntarily submit the matters in dispute to mediation, as provided for in RCW 41.56.100. If the parties
have still not reached agreement after a ten day period
of mediation, a fact-finding panel shall be created in
the following manner: Each party shall appoint one
member within two days; the two appointed members
shall then choose a third member within two days who
shall act as chairman of the panel. If the two members
so appointed cannot agree within two days to the appointment of a third member, either party may request,
and the commission shall name a third member who
shall be chairman of the fact-finding panel and who
may be an employee of the commission. The panel shall
begin hearings on the matters in dispute within five
days of the formation of the fact-finding panel and
shall conclude such hearings and issue findings of fact
and recommendations to the parties within thirty days
of the date upon which hearings were commenced.'
Reasonable notice of such hearings shall be given to
the parties who shall appear and be heard either in person or by counsel or other representative. Hearings
shall be informal and the rules of evidence prevailing in
judicial proceedings shall not be binding. Minutes of
the proceedings shall be taken. Any oral or documentary evidence and other data deemed relevant by the
panel may be received in evidence. The panel shall have
the power to administer oaths, require the attendance of
witnesses, and the production of such books, papers,
contracts, agreements, and documents as may be
deemed by the panel material to a just determination of
the issues in dispute and to issue subpoenas. Costs of
each party's appointee shall be paid by the party, and
the co~ts_ of proceedings otherwise shall be borne by the
comm1ss1on.
In making its findings, the fact-finding panel shall be
mindful of the legislative purpose enumerated in RCW
41.56.430 and as additional standards of guidelines to
aid it in developing its recommendations, it shall take
into consideration those factors set forth in RCW 41.56.460. [ 1975 1st ex.s. c 296 § 28; 1973 c 131 § 3.]
(1975 RCW Supp--p 3751
41.56.440
Title 41:
Public Employment, Civil Service and Pensions
Effecth·e date--1975 2nd ex.s. c 5: See RCW 41.58.901.
Construction-1973 c 131: See RCW 41.56.905.
Severability--1973 c 131: See RCW 41.56.910.
41.56.450 L1 niformed personnel--Arbitration panel--Powers and duties--Hearings--Findings and
determination. If an agreement has not been reached
within forty-five days after mediation and fact-finding
has commenced, an arbitration panel shall be created in
the following manner: Each party shall submit a list of
three persons to the commission, which shall then name
one from each list as members to the panel, all within
two days. The two appointed members shall utilize one
of the two following options in the appointment of the
third member, who shall act as chairman of the panel:
(l) By mutual consent, the two appointed members may
jointly request the commission, and the commission
shall appoint a third member within two days of such
request. Costs of each party's appointee shall be borne
by each party respectively; other costs of the arbitration
proceedings shall be borne by the commission; or (2)
The two appointed members shall choose a third member within two days. The costs of each party's appointee
shall be borne by each party respectively, and the costs
of the proceedings otherwise shall be shared equally
between the parties.
If the two members so appointed under alternative
(2) cannot agree within two days to the appointment of
a third member, either party may apply to the superior
court of the county where the labor disputes exist and
request that the third member of the panel be appointed
as provided by RCW 7.04.050. The panel thus composed shall be deemed an agency of the executive director and a state agency for the purposes of *this 1973
amendatory act. The panel shall hold hearings on the
matters in dispute within five days after the formation
of the arbitration panel and take oral or written
testimony.
Reasonable notice of such hearings shall be given to
the parties who shall appear and be heard either in person or by counsel or other representative. Hearings
shall be informal and the rules of evidence prevailing in
judicial proceedings shall not be binding. A recording
of the proceedings shall be taken. Any oral or documentary evidence and other data deemed relevant by
the panel may be received in evidence. The panel shall
have the power to administer oaths, require the attendance of witnesses, and the production of such books,
papers, contracts, agreements and documents as may be
deemed by the panel material to a just determination of
the issues in dispute and to issue subpoenas. If any person refuses to obey such subpoena or refuses to be
sworn to testify, or any witness, party or attorney of a
party is guilty of any contempt while in attendance at
any hearing held hereunder, the panel may invoke the
jurisdiction of the superior court in the county where a
labor dispute exists and such court shall have jurisdiction to issue an appropriate order. Any failure to obey
such order may be punished by the court as a contempt
thereof.
(1975 RCW Supp--p 376)
The hearing conducted by the panel shall be concluded within twenty days of the time of commencement and, within fifteen days after conclusion of the
hearings, the chairman shall make written findings of
fact and a written determination of the dispute based
upon the issues presented, a copy of which shall be
mailed or otherwise delivered to the employees' negotiating agent or its attorney or other designated representative and to the employer or the employer's attorney or
designated representative. The decision made by the
panel shall be final and binding upon both parties, subject to review by the superior court upon the application of either party solely upon the question of whether
the decision of the panel was arbitrary or capricious.
[1975 1st ex.s. c 296 § 29; 1973 c 131 § 4.]
*Reviser's note: "this 1973 amendatory act", see note following
RCW 41.56.430.
Effective date--1975 2nd ex.s. c 5: See RCW 41.58.901.
Construction--1973 c 131: See RCW 41.56.905.
Severability--1973 c 131: See RCW 41.56.910.
41.56.480 Uniformed personnel--Refusal to submit
to procedures--Invoking jurisdiction of superior
court--Contempt. If the representative of either or
both the uniformed personnel and the public employer
refuse to submit to the procedures set forth in RCW
41.56.440 and 41.56.450, the parties, or the commission
on its own motion, may invoke the jurisdiction of the
superior court for the county in which the labor dispute
exists and such court shall have jurisdiction to issue an
appropriate order. A failure to obey such order may be
punished by the court as a contempt thereof. A decision
of the arbitration panel shall be final and binding on
the parties, and may be enforced at the instance of either party, the arbitration panel or the commission in
the superior court for the county where the dispute
arose. [1975 1st ex.s. c 296 § 30; 1973 c 131 § 7.]
Effective date--1975 2nd ex.s. c 5: See RCW 41.58.901.
Construction--1973 c 131: See RCW 41.56.905.
Severability--1973 c 131: See RCW 41.56.910.
Chapter 41.58
PUBLIC EMPLOYMENT LABOR RELATIONS
Sections
41.58.005
41.58.010
41.58.015
41.58.020
41.58.030
41.58.040
41.58.050
41.58.800
41.58.801
41.58.802
41.58.803
41.58.900
41.58.901
Intent---Construction.
Public employment relations commission---Created--Membership--Terms--Vacancies-Quorum--Report.
Compensation and expenses of members--Executive
director--Employees.
Powers and duties of commission.
Office.
Duties of employers and employees.
Rules and regulations.
Transfer of employees to commission.
Transfer of reports, documents, records, property, etc.,
funds, appropriations, etc.
Procedure for transfer of budgeted fund or equipment.
Continuation and savings.
Effective dates-1975 2nd ex.s. c 5.
Effective date-1975 !st ex.s. c 296 §§ 4, 6, and 8
through 39.
Public Employment Labor Relations
41.58.005 Intent--Construction. (I) It is the intent
of the legislature by the adoption of *this I 975 amendatory act to provide, in the area of public employment,
for the more uniform and impartial (a) adjustment and
settlement of complaints, grievances, and disputes arising out of employer-employee relations and, (b) selection and certification of bargaining representatives by
transferring jurisdiction of such matters to the public
employment relations commission from other boards
and commissions. It is further the intent of the legislature, by such transfer, to achieve more efficient and expert administration of public labor relations
administration and to thereby ensure the public of
quality public services.
(2) Nothing contained in *this 1975 amendatory act
shall be construed to alter any existing collective bargaining unit or the provisions of any existing bargaining
agreement.
(3) Nothing contained in *this I 975 amendatory act
shall be construed to alter any power or authority regarding the scope of collective bargaining in the employment areas affected by *this 1975 amendatory act,
but *this amendatory act shall be construed as transferring existing jurisdiction and authority to the public
employment relations commission.
(4) Nothing contained in *this 1975 amendatory act
shall be construed to prohibit the consideration or adjustment of complaints or grievances by the public employer. [1975 1st ex.s. c 296 § 1.]
*Reviser's note: "this 1975 amendatory act" or "this amendatory
act" [1975 !st ex.s. c 296) consists of chapter 41.58 RCW, amendments to RCW 28A.72.020, 28A.72.060, 28A.72.080, 28A.72.100, 28B.52.020, 28B.52.060, 28B.52.080, 41.56.030, 41.56.050, 41.56.060,
41.56.070, 41.56.080, 41.56.090, 41.56.100, 41.56.122, 41.56.125, 41.56. 160, 41.56.170, 41.56.180, 41.56.190, 41.56.440, 41.56.450, 41.56.480,
43.22.260, 43.22.270, 47.64.010, 47.64.030, 47.64.040, 49.08.010, 49.08.020, 53.18.030, to the repeal of RCW 47.64.020, and to additions to
chapter 41.58 RCW by 1975 2nd ex.s. c 5. RCW 28A.72.020, 28A.72.060, 28A.72.080 and 28A.72.100 were repealed by 1975 2nd ex.s. c 5 §
7.
41.58.010 Public employment relations commission--Created--Membership-Terms--Vacancies--Quorum--Report. (I) There is hereby created
the public employment relations commission (hereafter
called the "commission") to administer the provisions
of this chapter. The commission shall consist of three
members who shall be citizens appointed by the governor by and with the advice and consent of the senate:
Provided, That no member appointed when the legislature was not in session shall continue to be a member
of the commission if that person's appointment shall
have been rejected by the senate during the next legislative session. One of the original members shall be appointed for a term of three years, one for a term of four
years, and one for a term of five years. Their successors
shall be appointed for terms of five years each, except
that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the member
whom he succeeds. Commission members shall be eligible for reappointment. The governor shall designate one
member to serve as chairman of the commission. Any
member of the commission may be removed by the
governor, upon notice and hearing, for neglect of duty
41.58.015
or malfeasance in office, but for no other cause. Commission members shall not be eligible for state retirement under chapter 41.40 RCW by virtue of their
service on the commission.
(2) In making citizen member appointments initially,
and subsequently thereafter, the governor shall be cognizant of the desirability of appointing persons knowledgeable in the area of labor relations in the state.
(3) A vacancy in the commission shall not impair the
right of the remaining members to exercise all of the
powers of the commission, and two members of the
commission shall, at all times, constitute a quorum of
the commission.
(4) The commission shall at the close of each fiscal
year make a report in writing to the legislature and to
the governor stating the cases it has heard, the decisions
it has rendered, the names, salaries, and duties of all
employees and officers in the employ or under the supervision of the commission, and an account of all
moneys it has disbursed. [1975 2nd ex.s. c 5 § I.]
41.58.015 Compensation and expenses of members--Executive director-·-Employees. ( 1) Each
member of the commission shall be paid fifty dollars for
each day in which he has actually attended a meeting of
the commission officially held. The members of the
commission may receive any number of daily payments
for official meetings of the commission actually attended. Members of the commission shall also be reimbursed for necessary travel and other expenses incurred
in the discharge of their official duties on the same basis
as is provided for state officers and employees generally
in chapter 43.03 RCW .
(2) The commission shall appoint an executive director whose annual salary shall be determined under the
provisions of RCW 43.03.028. He shall perform such
duties and have such powers as the commission shall
prescribe in order to carry out the provisions of this
chapter, including assisting employees and employers in
the settlement of labor disputes through mediation and
fact-finding. The executive director, with such assistance as may be provided by the attorney general and
such additional legal assistance consistent with chapter
43.10 RCW, shall have authority on behalf of the commission, in matters concerning the investigation of
charges and issuance of complaints under this chapter.
(3) The commission shall employ such employees as
it may from time to time find necessary for the proper
performance of its duties, consistent with the provisions.
of this chapter.
(4) The payment of all of the expenses of the commission, including all necessary traveling and subsistence expenses outside the city of Olympia incurred by
the members or employees of the commission under its
orders, shall be subject to the presentation of itemized
vouchers therefor approved by the commission or by
any individual it designates for that purpose and to the
applicable provisions of chapter 43.03 RCW and the
regulations promulgated thereunder. [ 1975 2nd ex.s. c 5
§ 2.]
[1975 RCW Supp--p 3771
41.58.020
Title 41:
Public Employment, Civil Service and Pensions
41.58.020 Powers and duties of commission. ( 1) It
shall be the duty of the commission, in order to prevent
or minimize interruptions growing out of labor disputes,
to assist employers and employees to settle such disputes through mediation and fact-finding.
(2) The commission, through the director, may proffer its services in any labor dispute involving a political
subdivision, municipal corporation, or the community
college system of the state, either upon its own motion
or upon the request of one or more of the parties to the
dispute, whenever in its judgment such dispute threatens to cause a substantial disruption to the public
welfare.
(3) If the director is not able to bring the parties to
agreement by mediation within a reasonable time, he
shall seek to induce the parties to voluntarily seek other
means of settling the dispute without resort to strike or
other coercion, including submission to the employees
in the bargaining unit of the employer's last offer of
settlement for approval or rejection in a secret ballot.
The failure or refusal of either party to agree to any
procedure suggested by the director shall not be
deemed a violation of any duty or obligation imposed
by this chapter.
(4) Final adjustment by a method agreed upon by the
parties is declared to be the desirable method for settlement of grievance disputes arising over the application
.or interpretation of an existing collective bargaining
agreement. The commission is directed to make its mediation and fact-finding services available in the settlement of such grievance disputes only as a last resort.
[1975 1st ex.s. c 296 § 4.]
41.58.030 Office. The principal office of the commission shall be in the city of Olympia, but it may meet
and exercise any or all of its powers at any other place
in the state. [1975 lst ex.s. c 296 § 5.]
41.58.040 Duties of employers and employees. In order to prevent or minimize disruptions to the public
welfare growing out of labor disputes, employers and
employees and their representatives shall:
(l) Exert every reasonable effort to make and maintain agreements concerning rates of pay, hours, and
working conditions, including provision for adequate
notice of any proposed change in the terms of such
agreements;
(2) Whenever a dispute arises over the terms or application of a collective bargaining agreement and a
conference is requested by a party or prospective party
thereto, arrange promptly for such a conference to be
held and endeavor in such conference to settle such
dispute expeditiously; and
(3) In case such dispute is not settled by conference,
participate fully and promptly in such meetings as may
be undertaken by the commission under this chapter for
the purpose of aiding in a settlement of the dispute.
[1975 lst ex.s. c 296 § 6.]
41.58.050 Rules and regulations. The board shall
have authority from time to time to make, amend, and
rescind, in the manner prescribed by the administrative
(1975 RCW Supp----p 378)
procedure act, chapter 34.04 RCW, such rules and regulations as may be necessary to carry out the provisions
of this chapter. [1975 1st ex.s. c 296 § 7.]
41.58.800 Transfer of employees to commission. All
employees of the department of labor and industries
classified under the provisions of chapter 41.06 RCW,
the state civil service law, whose positions are entirely
concerned with functions transferred to the commission
by chapter 296, Laws of 1975 I st ·ex. sess. shall be
transferred to the jurisdiction of the commission. [ 1975
2nd ex.s. c 5 § 3.]
41.58.801 Transfer of reports, documents, records,
property, etc., funds, approprfations, etc. All reports,
documents, surveys, books, records, files, papers, or
other writings in the possession of the marine employee
commission, the office of the superintendent of public
instruction, the state board for community college education, and the department of labor and industries and
pertaining to the functions transferred to the commission by chapter 296, Laws of 1975 lst ex. sess. shall by
January l, 1976, be delivered to the custody of the
commission. All cabinets, furniture, office equipment,
motor vehicles, and other tangible property employed
in carrying out the functions transferred by chapter 296,
Laws of 1975 lst ex. sess. shall by January l, 1976, be
transferred to the commission.
Any appropriation or portion thereof remaining as of
January l, 1976, and which is made to an agency for
the purpose of carrying out functions transferred from
such agency pursuant to chapter 296, Laws of 1975 lst
ex. sess., shall, by January 1, 1976, be transferred and
credited to the commission for the purpose of carrying
out such functions. This paragraph shall not affect the
transfer of moneys prior to January 1, 1976, pursuant to
section 67, chapter 169 [269], Laws of 1975 1st ex. sess.
Whenever any question arises as to the transfer of
any funds, including unexpended balances within any
accounts, books, documents, records, papers, files,
equipment, or any other tangible property used or held
in the exercise of the performance of the functions
transferred under chapter 296, Laws of 1975 1st ex.
sess., the director of program planning and fiscal management or his successor shall make a determination as
to the proper allocation and certify the same to the
state agencies concerned. [1975 2nd ex.s. c 5 § 4.]
41.58.802 Procedure for transfer of budgeted fund or
equipment. Where transfers of budgeted funds or
equipment are required under *this act, the director of
program planning and fiscal management shall certify
such transfers to the agencies affected, the state auditor
and t~e state treasurer all of whom shall make the appr?p~1ate transfer and adjustments in funds and appropnat10n accounts and equipment records in accordance
with such certification. [ 1975 2nd ex.s. c 5 § 5.]
*Reviser's note: "this act" (1975 2nd ex.s. c 5), see note following
RCW 41.58.005.
Educational Employment Relations Act
41.58.803 Continuation and savings. On January 1,
1976, all rules and regulations, and all business pending
before the agencies or divisions thereof from whom
functions are transferred pursuant to chapter 296, Laws
of 1975 1st ex. sess. and which pertain to such functions
shall be continued and acted upon by the commission.
All existing contracts and obligations pertaining to such
functions shall remain in full force and effect, but shall
be performed by the commission in lieu of the agency
from whom the functions are transferred. The transfer
of any functions shall not affect the validity of any act
performed by such agency or division thereof or any
officer or employee thereof prior to the effective date of
the transferral of such functions.
Notwithstanding any other provisions of *this act,
contracts or agreements are authorized between the
commission and other agencies with respect to functions transferred from other agencies pursuant to chapter 296, Laws of 1975 1st ex. sess. Such contract or
agreement may provide for an employee or employees
of such other agencies or other person or persons to
continue to provide services relating to pending business which is transferred to the commission as of January 1, 1976, until such pending business is completed.
[1975 2nd ex.s. c 5 § 6.]
*Reviser's note: "this act" (1975 2nd ex.s. c 5], see note following
RCW 41.58.005.
41.58.900 Effective dates--1975 2nd ex.s. c 5. 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 September 8, 1975, except for the
provisions of sections 6 and 7 which shall be effective
on January 1, 1976. [1975 2nd ex.s. c 5 § 9.]
41.58.901 Effective date-1975 1st ex.s. c 296 §§
4, 6, and 8 through 39. Sections 4, 6, and 8 through 39 of
chapter 296, Laws of 1975 1st ex. sess. shall not be effective until January 1, 1976. [1975 2nd ex.s. c 5 § 8.]
Chapter 41.59
EDUCATIONAL EMPLOYMENT RELATIONS ACT
(Effective date, see RCW 41.59.940)
Sections
41.59.010
41.59.020
41.59.040
41.59.050
41.59.060
41.59.070
41.59.080
41.59.090
41.59.100
41.59. l IO
41.59.120
Purpose.
Definitions.
Commission, expenses of, employees, and payments to
members--Executive director, appointment and
duties.
Commission, principal office of.
Employee rights enumerated--Fees and dues, deduction from pay.
Election to ascertain exclusive bargaining representative,
when--Run-off election--Decertification election.
Determination of bargaining unit--Standards.
Certification of exclusive bargaining representative-Scope of representation.
Union security provisions--Scope--Agency shop
provision, collection of dues or fees.
Commission, rules and regulations of--Federal precedents as standard.
Resolving impasses in collective bargaining--Mediation--Fact-finding with recommendations-Other.
41.59.130
41.59.140
41.59.150
41.59.160
41.59.170
41.59.180
41.59.900
41.59.910
41.59.920
41.59.930
41.59.940
41.59.950
41.59.020
Binding arbitration procedures authorized.
.
Unfair labor practices for employer, employee orgamzation, enumerated.
Commission to prevent unfair labor practices--Scope.
Applicability of administrative procedure act prov1s10ns
to commission action.
Effective date of certain agreements--Increased benefits during agreement authorized, when.
Employees in specialized job category may be excluded,
when.
Short title.
Construction of chapter--Effect on existing agreements-Collective bargaining agreement prevails
where conflict.
Construction of chapter--Employee's rights preserved.
Construction of chapter--Employer's responsibilities
and rights preserved.
Effective date--1975 1st ex.s. c 288.
Severability--1975 1st ex.s. c 288.
Reviser's note: Phrase "the commission" is used throughout chapter
41.59 RCW; 1975 !st ex.s. c 288 § 4 wherein the commission created
was vetoed by the governor; reference to the proviso in RCW
41.59.020(3) below, together with amendments and repeals in 1975
2nd ex.s. c 5 (codified in chapter 41.58 RCW) suggests commission to
be that created in RCW 41.58.010.
41.59.010 Purpose. It is the purpose of this chapter
to prescribe certain rights and obligations of the educational employees of the school districts of the state of
Washington, and to establish procedures governing the
relationship between such employees and their employers which are designed to meet the special requirements
and needs of public employment in education. [ 1975 1st
ex.s. c 288 § 2.]
41.59.020 Definitions. As used in this chapter:
(1) The term "employee organization" means any organization. union. association, agency, committee,
council, or group of any kind in which employees participate, and which exists for the purpose, in whole or in
part, of collective bargaining with employers.
(2) The term "collective bargaining" or "bargaining''
means the performance of the mutual obligation of the
representatives of the employer and the exclusive bargaining representative to meet at reasonable times in
light of the time limitations of the budget-making process, and to bargain in good faith in an effort to reach
agreement with respect to the wages, hours, and terms
and conditions of employment: Provided, That prior
law, practice or interpretation shall be neither restrictive, expansive, nor determinative with respect to the
scope of bargaining. A written contract incorporating
any agreements reached shall be executed if requested
by either party. The obligation to bargain does not
compel .either party to agree to a proposal or to make a
concess10n.
In the event of a dispute between an employer and
an exclusive bargaining representative over the matters
that are terms and conditions of employment, the commission shall decide which item(s) are mandatory subjects for bargaining and which item(s) are
nonmanda tory.
(3) The term "commission" means *the education
employment relations commission established by section 4 of this 1975 act: Provided, That if the legislature
creates another board, commission, or division of a
state agency comprehensively assuming administrative
[1975 RCW Supp--p 379)
41.59.020
Title 41:
Public Employment, Civil Service and Pensions
responsibilities for labor relations or collective bargaining in the public sector. "commission'' for the purposes
of **this chapter shall mean such board, commission,
or division as therein created.
(4) The terms "employee" and ''educational employee" means any certificated employee of a school district,
except:
(a) The chief executive officer of the employer.
(b) The chief administrative officers of the employer,
which shall mean the superintendent of the district,
deputy superintendents, administrative assistants to the
superintendent, assistant superintendents, and business
manager. Title variation from all positions enumerated
in this subsection (b) may be appealed to the commission for determination of inclusion in, or exclusion
from, the term "educational employee''
(c) Confidential employees, which shall mean:
(i) Any person who participates directly on behalf of
an employer in the formulation of labor relations policy, the preparation for or conduct of collective bargaining, or the administration of collective bargaining
agreements, except that the role of such person is not
merely routine or clerical in nature but calls for the
consistent exercise of independent judgment; and
(ii) Any person who assists and acts in a confidential
capacity to such person.
(d) Unless included within a bargaining unit pursuant
to RCW 41.59.080, any supervisor, which means any
employee having authority, in the interest of an employer, to hire, assign, promote, transfer. layoff, recall,
suspend, discipline, or discharge other employees, or to
adjust their grievances, or to recommend effectively
such action, if in connection with the foregoing the exercise of such authority is not merely routine or clerical
in nature but calls for the consistent exercise of independent judgment, and shall not include any persons
solely by reason of their membership on a faculty tenure or other governance committee or body. The term
"supervisor" shall include only those employees who
perform a preponderance of the above-specified acts of
authority.
(e) Unless included within a bargaining unit pursuant
to RCW 41.59.080, principals and assistant principals in
school districts.
(5) The term "employer" means any school district.
(6) The term "exclusive bargaining representative''
means any employee organization which has:
(a) Been selected or designated pursuant to the provisions of this chapter as the representative of the employees in an appropriate collective bargaining unit; or
(b) Prior to January 1, 1976, been recognized under a
predecessor statute as the representative of the employees in an appropriate collective bargaining or negotiations unit.
(7) The term "person" means one or more individuals, organizations, unions, associations, partnerships,
corporations, boards, committees, commissions, agencies, or other entities, or their representatives.
(8) The term "nonsupervisory employee" means all
educational employees other than principals, assistant
principals and supervisors. [ 1975 1st ex.s. c 288 § 3.]
(1975 RCW Supp---p 380]
Reviser's note: *(!) Phrase "the education employment relations
commission established by section 4 of this 1975 act", see note following chapter digest.
••(2) Session law (1975 !st ex.s. c 288 § 3] language here reads "this
1975 amendatory act"; in addition to sections codified in this chapter,
said act included section 4 thereof, vetoed by the governor, amendments to RCW 28A.01.130 and 28A.67.065, and the repeal of chapter
28A.72 RCW.
41.59.040 Commission, expenses of, employees, and
payments to members--Executive director, appointment and duties. (1) Each member of the commission
shall be paid fifty dollars for each day during which the
member has actually attended a meeting of the commission officially held, or in attending to such other
business of the commission as may be authorized thereby. There shall be no limitation on the number of such
daily payments that the members of the commission
may receive for official meetings of the commission actually attended. Members of the commission shall also
be reimbursed for necessary travel and other expenses
incurred in the discharge of their official duties on the
same basis as is provided for state officers and employees generally in chapter 43.03 RCW.
(2) The commission shall appoint an executive director whose annual salary shall be determined under the
provisions of RCW 43.03.028, and who shall perform
such duties and have such powers as the commission
shall prescribe in order to carry out the provisions of
this chapter. The executive director, unless otherwise
provided in *this chapter, shall have authority to act on
behalf of the commission in matters concerning the administration of this chapter and shall perform such administrative duties as prescribed by the commission,
with such assistance as may be provided by the attorney general and such additional legal assistance not inconsistent with chapter 43.10 RCW.
(3) When necessary to carry out or enforce any action or decision of the commission, the executive director shall have authority to petition any court of
competent jurisdiction for an order requiring compliance with commission action or decision.
(4) The commission shall employ such employees as
it may from time to time find necessary for the proper
performance of its duties consistent with the provisions
of this chapter and such rules and regulations promulgated thereunder.
(5) All of the expenses of the commission, including
all necessary traveling and subsistence expenses outside
the city of Olympia incurred by the members or employees of the commission, and under its orders, shall
be allowed and paid on the presentation of itemized
vouchers therefor approved by the commission or by
any individual it designates for that purpose. [1975 1st
ex.s. c 288 § 5.]
*Reviser's note: Session law (1975 !st ex.s. c 288 § 5] language here
reads "this 1975 act"; for translation thereof see Reviser's note (2)
following RCW 41.59.020.
Compensation and expenses of members-Executive director-Employees: RCW 41.58.015.
41.59.050 Commission, principal office of. The principal office of the commission shall be in the city of
Olympia, but it may meet and exercise any or all of its
Educational Employment Relations Act
powers at any other place
[1975 !st ex.s. c 288 § 6.]
in
the state of Washington.
Office: RCW 41.58.030.
41.59.060 Employee rights enumerated--Fees and
dues, deduction from pay. (I) Employees shall have the
right to self-organization, to form, join, or assist employee organizations, to bargain collectively through
representatives of their own choosing, and shall also
have the right to refrain from any or all of such activities except to the extent that employees may be required to pay a fee to any employee organization under
an agency shop agreement authorized in this chapter.
(2) The exclusive bargaining representative shall have
the right to have deducted from the salary of employees. upon receipt of an appropriate authorization form
which shall not be irrevocable for a period of more than
one year, an amount equal to the fees and dues required for membership. Such fees and dues shall be deducted monthly from the pay of all appropriate
employees by the employer and transmitted as provided
for by agreement between the employer and the exclusive bargaining representative, unless an automatic payroll deduction service is established pursuant to law, at
which time such fees and dues shall be transmitted as
therein provided. If an agency shop provision is agreed
to and becomes effective pursuant to RCW 41.59.100,
except as provided in that section, the agency fee equal
to the fees and dues required of membership in the exclusive bargaining representative shall be deducted from
the salary of employees in the bargaining unit. [ 1975 1st
ex.s. c 288 § 7.]
41.59.070 Election to ascertain exclusive bargaining
representative, when--Run--off election--Decertification election. (1) Any employee organization may file
a request with the commission for recognition as the
exclusive representative. Such request shall allege that a
majority of the employees in an appropriate collective
bargaining unit wish to be represented for the purpose
of collective bargaining by such organization, shall describe the grouping of jobs or positions which constitute
the unit claimed to be appropriate, shall be supported
by credible evidence demonstrating that at least thirty
percent of the employees in the appropriate unit desire
the organization requesting recognition as their exclusive representative, and shall indicate the name, address, and telephone number of any other interested
employee organization, if known to the requesting
organization.
(2) The commission shall determine the exclusive
representative by conducting an election by secret ballot, except under the following circumstances:
(a) In instances where a serious unfair labor practice
has been committed which interfered with the election
process and precluded the holding of a fair election, the
commission shall determine the exclusive bargaining
representative by an examination of organization membership rolls or a comparison of signatures on organization bargaining authorization cards.
(b) In instances where there is then in effect a lawful
written collective bargaining agreement between the
41.59.070
employer and another employee organization covering
any employees included in the unit described in the request for recogni!ion, the request for recognition shall
not be entertained unless it shall be filed within the time
limits prescribed in subsection (3) of this section for decertification or a new recognition election.
(c) In instances where within the previous twelve
months another employee organization has been lawfully recognized or certified as the exclusive bargaining
representative of any employees included in the unit
described in the request for recognition, the request for
recognition shall not be entertained.
(d) In instances where the commission has within the
previous twelve months conducted a secret ballot election involving any employees included in the unit described in the request for recognition in which a
majority of the valid ballots cast chose not to be represented by any employee organization, the request for
recognition shall not be entertained.
(3) Whenever the commission conducts an election to
ascertain the exclusive bargaining representative, the
ballot shall contain the name of the proposed bargaining representative and of any other bargaining representative showing written proof of at least ten percent
representation of the educational employees within the
unit, together with a choice for any educational employee to designate that he or she does not desire to be
represented by any bargaining agent. Where more than
one organization is on the ballot and neither of the
three or more choices receives a majority of the valid
ballots cast by the educational employees within the
bargaining unit, a run-off election shall be held. The
run-off ballot shall contain the two choices which receive the largest and second largest number of votes.
No question concerning representation may be raised
within one year of a certification or attempted certification. Where there is a valid collective bargaining agreement in effect, no question of representation may be
raised except during the period not more than ninety
nor less than sixty days prior to the expiration date of
the agreement. In the event that a valid collective bargaining agreement, together with any renewals or extensions thereof, has been or will be in existence for
three years, then the question of representation may be
raised not more than ninety nor less than si:ltty days
prior to the third anniversary date of the agreement or
any renewals or extensions thereof as long as such renewals and extensions do not exceed three years; and if
the exclusive bargaining representative is removed as a
result of such procedure, the then existing collective
bargaining agreement shall be terminable by the new
exclusive bargaining representative so selected within
sixty days after its certification or terminated on its expiration date, whichever is sooner, or if no exclusive
bargaining representative is so selected, then the agreement shall be deemed to be terminated at its expiration
date or as of such· third anniversary date, whichever is
sooner.
(4) Within the time limits prescribed in subsection (3)
of this section, a petition may be filed signed by at least
~hirty rercent of the employees of a collective bargainmg umt, then represented by an exclusive bargaining
(1975 RCW Supp---p 381!
41.59.070
Title 41:
Public Employment, Civil Service and Pensions
representati\'e, alleging that a majority of the employees
in that unit do not wish to be represented by an employee organization. requesting that the exclusive bargaining representative be decertified, and indicating the
name, address and telephone number of the exclusive
bargaining representative and any other interested employee organization, if known. Upon the verification of
the signatures on the petition, the commission shall
conduct an election by secret ballot as prescribed by
subsection (3) of this section. [1975 1st ex.s. c 288 § 8.]
41.59.080 Determination of bargaining unit-Standards. The commission, upon proper application
for certification as an exclusive bargaining representative or upon petition for change of unit definition by
the employer or any employee organization within the
time limits specified in RCW 41.59.070(3), and after
hearing upon reasonable notice, shall determine the unit
appropriate for the purpose of collective bargaining. In
determining, modifying or combining the bargaining
unit, the commission shall consider the duties, skills,
and working conditions of the educational employees;
the history of collective bargaining; the extent of organization among the educational employees; and the
desire of the educational employees; except that:
(I) A unit including nonsupervisory educational employees shall not be considered appropriate unless it includes all such nonsupervisory educational employees
of the employer; and
(2) A unit that includes only supervisors may be considered appropriate if a majority of the employees in
such category indicate by vote that they desire to be
included in such a unit; and
(3) A unit that includes only principals and assistant
principals may be considered appropriate if a majority
of such employees indicate by vote that they desire to
be included in such a unit; and
(4) A unit that includes both principals and assistant
principals and other supervisory employees may be
considered appropriate if a majority of the employees in
each category indicate by vote that they desire to be
included in such a unit; and
(5) A unit that includes supervisors and/or principals
and assistant principals and nonsupervisory educational
employees may be considered appropriate if a majority
of the employees in each category indicate by vote that
they desire to be included in such a unit; and
(6) A unit that includes only employees in vocational-technical institutes or occupational skill centers may
be considered to constitute an appropriate bargaining
unit if the history of bargaining in any such school district so justifies; and
(7) Notwithstanding the definition of collective bargaining, a unit that contains only supervisors and/or
principals and assistant principals shall be limited in
scope of bargaining to compensation, hours of work,
and the number of days of work in the annual employment contracts. [1975 !st ex.s. c 288 § 9.]
41.59.090 Certification of exclusive bargaining representative-Scope of representation. The employee organization which has been determined to represent a
(1975 RCW Supp----;> 3821
majority of the employees in a bargaining unit shall be
certified by the commission as the exclusive bargaining
representative of, and shall be required to represent all
the employees within the unit without regard to membership in that bargaining representative: Provided,
That any employee at any time may present his grievance to the employer and have such grievance adjusted
without the intervention of the exclusive bargaining
representative, as long as such representative has been
given an opportunity to be present at that adjustment
and to make its views known, and as long as the adjustment is not inconsistent with the terms of a collective bargaining agreement then in effect. [1975 !st ex.s.
c 288 § 10.]
41.59 .100 Union security provisions--Scope-Agency shop provision, collection of dues or fees. A collective bargaining agreement may include union security provisions including an agency shop, but not a union
or closed shop. If an agency shop provision is agreed to,
the employer shall enforce it by deducting from the salary payments to members of the bargaining unit the
dues required of membership in the bargaining representative, or, for nonmembers thereof, a fee equivalent
to such dues. All union security provisions must safeguard the right of nonassociation of employees based
on bona fide religious tenets or teachings of a church or
religious body of which such employee is a member.
Such employee shall pay an amount of money equivalent to regular dues and fees to a nonreligious charity or
to another charitable organization mutually agreed
upon by the employee affected and the bargaining representative to which such employee would otherwise
pay the dues and fees. The employee shall furnish written proof that such payment has been made. If the employee and the bargaining representative do not reach
agreement on such matter, the commission shall designate the charitable organization. [1975 1st ex.s. c 288 §
11.]
41.59.110 Commission, rules and regulations of-Federal precedents as standard. (I) The commission
shall promulgate, revise, or rescind, in the manner prescribed by the administrative procedure act, chapter
34.04 RCW, such rules and regulations as it may deem
neces_sary and appropriate to administer the provisions
of this chapter, in conformity with the intent and purpose of this chapter, and consistent with the best standards of labor-management relations.
(2) The rules, precedents, and practices of the national_ labo~ relations board, provided they are consistent
~Ith _thI~ c~apter, shall be considered by the commiss10n I? Its mterpretation of this chapter, and prior to
adoption of any aforesaid commission rules and regulations. [1975 1st ex.s. c 288 § 12.]
41.59.120 Resolving impasses in collective bargaining--Mediation--Fact-finding with recommendations-Other. (1) Either an employer or an exclusive
bargaining representative may declare that an impasse
has been reached between t~e~ in collect~ve bargaining
and may request the commiss10n to appomt a mediator
Educational Employment Relations Act
for the purpose of assisting them in reconciling their
differences and resolving the controversy on terms
which are mutually acceptable. If the commission determines that its assistance is needed, not later than five
days after the receipt of a request therefor, it shall appoint a mediator in accordance with rules and regulations for such appointment prescribed by the
commission. The mediator shall meet with the parties or
their representatives, or both, forthwith, either jointly or
separately, and shall take such other steps as he may
deem appropriate in order to persuade the parties to
resolve their differences and effect a mutually acceptable agreement. The mediator, without the consent of
both parties, shall not make findings of fact or recommend terms of settlement. The services of the mediator,
including, if any, per diem expenses, shall be provided
by the commission without cost to the parties. Nothing
in this subsection (I) shall be construed to prevent the
parties from mutually agreeing upon their own mediation procedure, and in the event of such agreement, the
commission shall not appoint its own mediator unless
failure to do so would be inconsistent with the effectuation of the purposes and policy of this chapter.
(2) If the mediator is unable to effect settlement of
the controversy within ten days after his or her appointment, either party, by written notification to the
other, may request that their differences be submitted to
fact-finding with recommendations, except that the
time for mediation may be extended by mutual agreement between the parties. Within five days after receipt
of the aforesaid written request for fact-finding, the
parties shall select a person to serve as fact-finder and
obtain a commitment from that person to serve. If they
are unable to agree upon a fact-finder or to obtain such
a commitment within that time, either party may request the commission to designate a fact-finder. The
commission, within five days after receipt of such request, shall designate a fact-finder in accordance with
rules and regulations for such designation prescribed by
the commission. The fact-finder so designated shall not
be the same person who was appointed mediator pursuant to subsection (I) of this section without the consent of both parties.
The fact-finder, within five days after his appointment, shall meet with the parties or their representatives, or both, either jointly or separately, and make
inquiries and investigations, hold hearings, and take
such other steps as he may deem appropriate. For the
purpose of such hearings, investigations and inquiries,
the fact-finder shall have the power to issue subpoenas
requiring the attendance and testimony of witnesses
and the production .of evidence. If the dispute is not
settled within ten days after his appointment, the factfinder shall make findings of fact and recommend terms
of settlement within thirty days after his appointment,
which recommendations shall be advisory only.
(3) Such recommendations, together with the findings
of fact, shall be submitted in writing to the parties and
the commission privately before they are made public.
Either the commission, the fact-finder, the employer, or
the exclusive bargaining representative may make such
findings and recommendations public if the dispute is
41.59.140
not settled within five days after their receipt from the
fact-finder.
(4) The costs for the services of the fact-finder, including, if any, per diem expenses and actual and necessary travel and subsistence expenses, and any other
incurred costs, shall be borne by the commission without cost to the parties.
(5) Nothing in this section shall be construed to prohibit an employer and an exclusive bargaining representative from agreeing to substitute, at their own
expense, their own procedure for resolving impasses in
collective bargaining for that provided in this section or
from agreeing to utilize for the purposes of this section
any other governmental or other agency or person in
lieu of the commission.
(6) Any fact-finder designated by an employer and
an exclusive representative or the commission for the
purposes of this section shall be deemed an agent of the
state. [1975 1st ex.s. c 288 § 13.]
41.59.130 Binding arbitration procedures authorized.
An employer and an exclusive bargaining representative
who enter into a collective bargaining agreement may
include in such agreement procedures for binding arbitration of such disputes as may arise involving the interpretation or application of such agreement. [ 1975 !st
ex.s. c 288 § 14.]
41.59.140 Unfair labor practices for employer, employee organization, enumerated. (I) It shall be an unfair
labor practice for an employer:
(a) To interfere with, restrain, or coerce employees in
the exercise of the rights guaranteed in RCW 41.59.060.
(b) To dominate or interfere with the formation or
administration of any employee organization or contribute financial or other support to it: Provided, That
subject to rules and regulations made by the commission pursuant to RCW 41.59.110, an employer shall not
be prohibited from permitting employees to confer with
it or its representatives or agents during working hours
without loss of time or pay;
(c) To encourage or discourage membership in any
employee organization by discrimination in regard to
hire, tenure of employment or any term or condition of
employment, but nothing contained in this subsection
shall prevent an employer from requiring, as a condition of continued employment, payment of periodic
dues and fees uniformly required to an exclusive bargaining representative pursuant to RCW 41.59.100;
(d) To discharge or otherwise discriminate against an
employee because he has filed charges or given testimony under *this chapter;
(e) To refuse to bargain collectively with the representatives of its employees.
(2) It shall be an unfair labor practice for an employee organization:
(a) To restrain or coerce (i) employees in the exercise
of the rights guaranteed in RCW 41.59.060: Provided,
That this paragraph shall not impair the right of an
employee organization to prescribe its own rules with
respect to the acquisition or retention of membership
[1975 RCW Supp--p 383)
..it.59.140
Title 41:
Public Employment. Civil Service and Pensions
therein: or (ii) an employer in the selection of his representatives for the purposes of collective bargaining or
the adjustment of grievances:
(b) To cause or attempt to cause an employer to discriminate against an employee in violation of subsection (1 )( c) of this section;
(c) To refuse to bargain collectively with an employer. provided it is the representative of its employees
subject to RCW 41.59.090.
(3) The expressing of any views, argument, or opinion, or the dissemination thereof to the public, whether
in written, printed, graphic, or visual form, shall not
constitute or be evidence of an unfair labor practice
under any of the provisions of *this chapter, if such expression contains no threat of reprisal or force or
promise of benefit. [1975 1st ex.s. c 288 § 15.]
*Reviser's note: Session law [1975 !st ex.s. c 288 § 15] language
here reads "this act" or "this 197 5 act"; for translation thereof see
Reviser's note (2) following RCW 41.59.020.
41.59.150 Commission to prevent unfair labor practices--Scope. (1) The commission is empowered to
prevent any person from engaging in any unfair labor
practice as defined in RCW 41.59.140. This power shall
not be affected by any other means of adjustment or
prevention that has been or may be established by
agreement, law, equity or otherwise.
(2) If the commission determines that any person has
engaged in or is engaging in any such unfair labor
practices as defined in RCW 41.59.140, then the commission shall issue and cause to be served upon such
person an order requiring such person to cease and desist from such unfair labor practice, and to take such
affirmative action as will effectuate the purposes and
policy of this chapter, such as the payment of damages
and/or the reinstatement of employees.
(3) The commission may petition the superior court
for the county in which the main office of the employer
is located or wherein the person who has engaged or is
engaging in such unfair labor practice resides or transacts business, for the enforcement of its order and for
appropriate temporary relief. [1975 1st ex.s. c 288 § 16.]
41.59.160 Applicability of administrative procedure
act provisions to commission action. Actions taken by or
on behalf of the commission shall be pursuant to chapter 34.04 RCW, or rules and regulations adopted in accordance therewith, and the right of judicial review
provided by chapter 34.04 RCW shall be applicable to
all such actions and rules and regulations. [ 1975 1st
ex.s. c 288 § 17.]
bargaining agreement may be the day after the termination date of the previous collective bargaining agreement and all benefits included in the new collective
bargaining agreement, including wage or salary increases, may accrue beginning with such effective date as established by this subsection, and may also accrue
beginning with the effective date of any individual employee contracts affected thereby.
(2) Any collective bargaining agreement may provide
for the increase of any wages, salaries and other benefits during the term of such agreement or the term of
any individual employee contracts concerned, in the
event that the employer receives by increased appropriation or from other sources, additional moneys for such
purposes. [1975 1st ex.s. c 288 § 18.]
41.59.180 Employees in specialized job category may
be excluded, when. Notwithstanding the definition of
"employee'' in RCW 41.59.020, the commission may
exclude from the coverage of *this chapter any specialized job category of an employer where a majority of
the persons employed in that job category consists of
noncertificated employees. At such time as a majority
of such employees are certificated, the job category may
be considered an appropriate unit under *this chapter.
[1975 1st ex.s. c 288 § 23.]
*Reviser's note: Session Jaw [1975 !st ex.s. c 288 § 23) language
here reads "this 1975 amendatory act"; for translation thereof see
Reviser's note (2) following RCW 41.59.020.
41.59.900 Short title. This chapter may be cited as
the educational employment relations act. [1975 1st
ex.s. c 288 § I.]
41.59.910 Construction of chapter--Effect on existing agreements--Collective bargaining agreement
prevails where conflict. This chapter shall supersede existing statutes not expressly repealed to the extent that
there is a conflict between a provision of this chapter
and those other statutes. Except as otherwise expressly
provided herein, nothing in this chapter shall be construed to annul, modify or preclude the renewal or continuation of any lawful agreement entered into prior to
Janua:y ~· 1976 b~tween an employer and an employee
orgamzahon covermg wages, hours, and terms and conditions of employment. Where there is a conflict between _any collective bargaining agreement and any
:esoluhon, rule, policy or regulation of the employer or
its agents, the terms of the collective bargaining agreement shall prevail. [1975 lst ex.s. c 288 § 19.]
41.59.920
41.59.170 Effecthe date of certain agreementsIncreased benefits during agreement authorized, when.
(1) Whenever a collective bargaining agreement between an employer and an exclusive bargaining representative is concluded after the termination date of the
previous collective bargaining agreement between the
employer and an employee organization representing
the same employees, the effective date of such collective
(1975 RCW Supp--p 384]
Construction of chapter--Employee's
righ~ prese~ed. Except as otherwise expressly provided
herem, nothmg contained in *this chapter shall be construed to deny or otherwise abridge any rights, privileges or benefits granted by law to employees. [1975 1st
ex.s. c 288 § 20.]
*Reviser'~. n~te: Sessio~ law [1975 l~t ex.s. c 288 § 20) language
here reads this 1975 act ; for translation thereof see Reviser's note
(2) following RCW 41.59.020.
Disclosure
41.59.930 Construction of chapter--Employer's responsibilities and rights preserved. Nothing in *this
chapter shall be construed to interfere with the responsibilities and rights of the employer as specified by federal and state law, including the employer's
responsibilities to students, the public, and other constituent elements of the institution. [ 1975 I st ex.s. c 288
§ 24.)
*Reviser's note: Session law [ 1975 !st ex.s. c 288 § 24] language
here reads "this act"; for translation thereof see Reviser's note (2)
following RCW 41.59.020.
41.59.940 Effective date--1975 1st ex.s. c 288. Except for RCW 41.59.040, 41.59.050, 41.59.110 and 41.59.160 which shall take effect ninety days following
enactment hereof, this chapter and RCW 28A.01.130
and 28A.67.065 as amended by chapter 288, Laws of
1975 !st ex. sess. shall take effect on January I, 1976.
Where the term "effective date of this chapter'; is used
elsewhere in this chapter it shall mean January I, I976.
[1975 1st ex.s. c 288 § 26.)
Reviser's note: Engrossed Substitute Senate Bill No. 2500 which is
chapter 288, Laws of 1975 !st ex. sess., was passed by the Senate May
28, 1975, passed by the House June 2, 1975 and approved by the
governor July 2, 1975, with the exception of section 4 thereof, vetoed
by the governor; it includes the repeal of chapter 28A.72 RCW in
section 28 thereof.
41.59.950 Severability--1975 1st ex.s. c 288. 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. [I 975 I st
ex.s. c 288 § 25.)
*Reviser's note: Session law (1975 !st ex.s. c 288 § 25] language
here reads "this 1975 act" or "the act"; for translation thereof see
Reviser's note (2) following RCW 41.59.020.
Title 42
PUBLIC OFFICERS AND AGENCIES
Chapters
42. 17 Disclosure---Campaign finances--Lobbying--Records.
42.20 Misconduct of public officers.
42.23 Code of ethics for municipal officers--Contract interests.
42.24 Payment of claims for expenses, material, purchases--Advancements.
42.28 Notaries public and commissioners of deeds.
Chapter 42. 17
DISCLOSURE-CAMPAIGN FINANCESLOBBYING-RECORDS
Sections
42.17.010
42.17 .020
42.17.040
Declaration of policy.
Definitions.
CAMPAIGN FINANCING
Obligation of political committees to file statement of
organization.
42.17.060
42.17.065
42.17.080
42.17.090
42.17.120
42.17.155
42.17.160
42.17.170
42.17.180
42.17.190
42.17.010
Deposit of contributions--Statement of campaign
treasurer--U nidentified contributions.
Filing and reporting by continuing political committee.
Candidates' and treasurers' duty to report.
Contents of report.
Identification of contributions and communications.
LOBBYIST REPORTING
Photograph and information--Booklet--Publication--Lobbyists' booklet revolving fund.
Exemption from registration.
Reporting by lobbyists.
Reports by employers of registered lobbyists.
Legislative activities of state agencies and other units of
government.
REPORTING OF ELECTED OFFICIALS FINANCIAL AFFAIRS
42.17.240
Elected officials reports of financial affairs .
42.17.260
42.17.270
42.17.290
42.17.310
42.17.315
42.17.320
42.17.330
42.17.340
42.17.350
42.17.370
42.17.380
42.17.400
42.17.911
PUBLIC RECORDS
Documents and indexes to be made public.
Facilities for copying--Availability of public records.
Protection of public records--Public access.
Certain personal and other records exempt.
Certain records obtained by colleges, universities, libraries or archives exempt.
Prompt responses required.
Court protection of public records.
Judicial review of agency actions.
ADMINISTRATION AND ENFORCEMENT
Public disclosure commission--Established--Membership---Per diem.
Commission--Additional powers.
Secretary of state, attorney general--Duties.
Enforcement.
Severability--1975 1st ex.s. c 294.
42.17.010 Declaration of policy. It is hereby declared
by the sovereign people to be the public policy of the
state of Washington:
(I) That political campaign and lobbying contributions and expenditures be fully disclosed to the public
and that secrecy is to be avoided.
(2) That the people have the right to expect from
their elected representatives at all levels of government
the utmost of integrity, honesty, and fairness in their
dealings.
(3) That the people shall be assured that the private
financial dealings of their public officials, and of candidates for those offices, present no conflict of interest
between the public trust and private interest.
(4) That our representative form of government is
founded on a belief that those entrusted with the offices
of government have nothing to fear from full public
disclosure of their financial and business holdings, provided those officials deal honestly and fairly with the
people.
(5) That public confidence in government at all levels
is essential and must be promoted by all possible
means.
(6) That public confidence in government at all levels
can best be sustained by assuring the people of the impartiality and honesty of the officials in all public
transactions and decisions.
(7) That the concept of attempting to increase financial participation of individual contributors in political
campaigns is encouraged by the passage of the Revenue
Act of 1971 by the Congress of the United States, and
[1975 RCW Supp--p 385!
42.17.010
Title 42:
Public Officers and Agencies
in consequence thereof, it is desirable to have implementing legislation at the state level.
(8) That the concepts of disclosure and limitation of
election campaign financing are established by the passage of the Federal Election Campaign Act of 1971 by
the Congress of the United States, and in consequence
thereof it is desirable to have implementing legislation
at the state level.
(9) That small contributions by individual contributors are to be encouraged, and that not requiring the
reporting of small contributions may tend to encourage
such contributions.
( 10) That the public's right to know of the financing
of political campaigns and lobbying and the financial
affairs of elected officials and candidates far outweighs
any right that these matters remain secret and private.
(11) That, mindful of the right of individuals to privacy and of the desirability of the efficient administration of government, full access to information
concerning the conduct of government on every level
must be assured as a fundamental and necessary precondition to the sound governance of a free society.
The provisions of this chapter shall be liberally construed to promote complete disclosure of all information respecting the financing of political campaigns and
lobbying, and the financial affairs of elected officials
and candidates, and full access to public records so as
to assure continuing public confidence of fairness of
elections and governmental processes, and so as to assure that the public interest will be fully protected. In
promoting such complete disclosure, however, this
chapter shall be enforced so as to insure that the information disclosed will not be misused for arbitrary and
capricious purposes and to insure that all persons reporting under this chapter will be protected from harassment and unfounded allegations based on
information they have freely disclosed. [ 1975 1st ex.s. c
294 § l; 1973 c 1 § 1 (Initiative Measure No. 276 § l).]
42.17.020 Definitions. (1) "Agency" includes all
state agencies and all local agencies. "State agency" includes every state office, public official, department, division, bureau, board, commission, or other state
agency. "Local agency'' includes every county, city, city
and county, school district, municipal corporation, district, political subdivision, or any board, commission, or
agency thereof, or other local public agency.
(2) "Ballot proposition" means any "measure" as defined by RCW 29.01.110, or any initiative, recall, or
referendum proposition proposed to be submitted to the
voters of the state or any municipal corporation, political subdivision or other voting constituency from and
after the time when such proposition has been initially
filed with the appropriate election officer of that constituency prior to its circulation for signatures.
(3) "Campaign depository" means a bank designated
by a candidate or political committee pursuant to RCW
42.17.050.
(4) "Campaign treasurer" and "deputy campaign
treasurer" mean the individuals appointed by a candidate or political committee, pursuant to RCW 42.17.050, to perform the duties specified in that section.
(1975 RCW Supp--p 386)
(5) "Candidate" means any individual who seeks
election to public office. An individual shall be deemed
to seek election when he first:
(a) Receives contributions or makes expenditures or
reserves space or facilities with intent to promote his
candidacy for office; or
(b) Announces publicly or files for office.
(6) "Commercial advertiser" means any person who
sells the service of communicating messages or producing printed material for broadcast or distribution to the
general public or segments of the general public whether through the use of newspapers, magazines, television
and radio stations, billboard companies, direct mail advertising companies, printing companies, or otherwise.
(7) "Commission" means the agency established under RCW 42.17.350.
(8) "Compensation" unless the context requires a
narrower meaning, includes payment in any form for
real or personal property or services of any kind: Provided, That for the purpose of compliance with RCW
42.17 .240, as now or hereafter amended, the term
"compensation" shall not include per diem allowances
or other payments made by a governmental entity to
reimburse a public official for expenses incurred while
such official is engaged in the official business of such
governmental entity.
(9) "Continuing political committee" means a political committee which is an organization of continuing
existence not established in anticipation of any particular election.
(10) "Contribution" includes a loan, gift, deposit,
subscription, forgiveness of indebtedness, donation, advance, pledge, payment, transfer of funds between political committees, or transfer of anything of value,
including personal and professional services for less
than full consideration, but does not include interest on
moneys deposited in a political committee's account,
ordinary home hospitality and the rendering of "part
time" personal services of the sort commonly performed
by volunteer campaign workers or incidental expenses
personally incurred by volunteer campaign workers not
in excess of twenty-five dollars personally paid for by
such worker. "Part time" services, for the purposes of
this chapter, means services in addition to regular full
time employment, or, in the case of an unemployed
person, services not in excess of twenty hours per week,
excluding weekends. For the purposes of this chapter,
contributions other than money or its equivalents shall
be deemed to have a money value equivalent to the fair
market value of the contribution. Sums paid for tickets
to fund-raising events such as dinners and parties are
contributions; however, the amount of any such contribution may be reduced for the purpose of complying
with the reporting requirements of this chapter, by the
actual cost of consumables furnished in connection with
the purchase of such tickets, and only the excess over
actual cost of such consumables shall be deemed a
contribution.
(11) "Elected official" means any person elected at a
general or special election to any public office, and any
person appointed to fill a vacancy in any such office.
42.17.040
Disclosure
(12) "Election" includes any primary, general, or special election for public office and any election in which
a ballot proposition is submitted to the voters: Provided, That an election in which the qualifications for voting include other than those requirements set forth in
Article VI, section 1 (Amendment 63) of the Constitution of the state of Washington shall not be considered
an election for purposes of this chapter.
(13) "Election campaign" means any campaign in
support of or in opposition to a candidate for election
to public office and any campaign in support of, or in
opposition to, a ballot proposition.
(14) "Expenditure" includes a payment, contribution,
subscription, distribution, loan, advance, deposit, or gift
of money or anything of value, and includes a contract,
promise, or agreement, whether or not legally enforceable, to make an expenditure. The term "expenditure''
also includes a promise to pay, a payment or a transfer
of anything of value in exchange for goods, services,
property, facilities, or anything of value for the purpose
of assisting, benefiting, or honoring any public official
or candidate, or assisting in furthering or opposing any
election campaign. For the purposes of this chapter,
agreements to make expenditures, contracts, and promises to pay may be reported as estimated obligations
until actual payment is made. The term "expenditure"
shall not include the partial or complete repayment by
a candidate or political committee of the principal of a
loan, the receipt of which loan has been properly reported, or payment of service charges against a political
committee's campaign account.
(15) "Final report" means the report described as a
final report in RCW 42.17.080(2).
(16) "Immediate family" includes the spouse, dependent children, and other dependent relatives, if living in
the household.
(17) "Legislation" means bills, resolutions, motions,
amendments, nominations, and other matters pending
or proposed in either house of the state legislature, and
includes any other matter which may be the subject of
action by either house, or any committee of the legislature and all bills and resolutions which having passed
both houses, are pending approval by the governor.
(18) "Lobby" and "lobbying'' each mean attempting
to influence the passage or defeat of any legislation by
the legislature of the state of Washington, or the adoption or rejection of any rule, standard, rate, or other
legislative enactment of any state agency under the
state administrative procedure acts, chapter 34.04 RCW
and chapter 28B.19 RCW.
(19) "Lobbyist" includes any person who shall lobby
either in his own or another's behalf.
(20) "Lobbyist's employer" means the person or persons by who~ a lobbyist is employed and all persons
by whom he is compensated for acting as a lobbyist.
. .(21) "Person'' i_nclude~ an individual, partnership,
JOmt venture, pubhc or pnvate corporation, association,
federal, state ~r local gov~rnmental entity or agency
howev_er const_1~uted, candidate, committee, political
committee, pohtical party, executive committee thereof,
or any other organization or group of persons, however
organized.
(22) "Person in interest" means the person who is the
subject of a record or any representative designated by
said person, except that if such person be under a legal
disability, the term "person in interest" shall mean and
include the parent or duly appointed legal
representative.
(23) "Political advertising" includes any advertising
displays, newspaper ads, billboards, signs, brochures,
articles, tabloids, flyers, letters, radio or television presentations or other means of mass communication, used
for the purpose of appealing, directly or indirectly, for
votes ~r for financial or other support in any election
campaign.
(24) "Political committee" means any person (except
a candidate or an individual dealing with his own funds
or property) having the expectation of receiving contributions or making expenditures in support of, or opposition to, any candidate or any ballot proposition.
(25) "Public office" means any federal, state, county,
city, town, school district, port district, special district,
or other state political subdivision elective office.
(26) "Public record" includes any writing containing
information relating to the conduct of government or
the performance of any governmental or proprietary
function prepared, owned, used, or retained by any
state or local agency regardless of physical form or
characteristics.
(27) "Writing" means handwriting, typewriting,
printing, photostating, photographing, and every other
means of recording any form of communication or representation, including letters, words, pictures, sounds, or
symb?ls, or combination thereof, and all papers, maps,
magnetic or paper tapes, photographic films and prints,
magnetic or punched cards, discs, drums, and other
documents.
As used in this chapter, the singular shall take the
plural and any gender, the other, as the context requires. [1975 1st ex.s. c 294 § 2; 1973 c 1 § 2 (Initiative
Measure No. 276 § 2).]
CAMPAIGN FINANCING
42.17.040 Obligation of political committees to file
statement of organization. (1) Every political committee,
within ten days after its organization or, within ten days
after the date when it first has the expectation of receiving contributions or making expenditures in any
election campaign, whichever is earlier, shall file a
statement of organization with the commission ana with the county auditor of the county in which the candidate
resides (or in the case of a political committee supporting or opposing a ballot proposition, the county in
which the campaign treasurer resides). Each political
committee in existence on the effective date of this act
shall file a statement of organization with the commission within ninety days after such effective date.
(2) The statement of organization shall include but
not be limited to:
(a) The name and address of the committee;
(b) The names and addresses of all related or affiliated committees or other persons, and the nature of the
relationship or affiliation;
[1975 RCW Supp--p 3871
~2.17.040
Title 42:
Public Officers and Agencies
(c) The names. addresses. and titles of its officers; or
if it has no officers. the names, addresses, and titles of
its responsible leaders:
(d) The name and address of its campaign treasurer
and campaign depository;
(e) A statement whether the committee is a continuing one;
(f) The name, office sought, and party affiliation of
each candidate whom the committee is supporting or
opposing, and, if the committee is supporting the entire
ticket of any party, the name of the party;
(g) The ballot proposition concerned, if any, and
whether the committee is in favor of or opposed to such
proposition;
(h) What distribution of surplus funds will be made
in the event of dissolution;
(i) The hours during which the committee will make
available for public inspection its books of account and
all reports filed in accordance with RCW 42.17.065 and
42.17 .080, as now or hereafter amended; and
U) Such other information as the commission may by
regulation prescribe, in keeping with the policies and
purposes of this chapter.
(3) Any material change in information previously
submitted in a statement of organization shall be reported to the commission and to the appropriate county
auditor within the ten days following the change. [ 1975
1st ex.s. c 294 § 3; 1973 c 1 § 4 (Initiative Measure No.
276 § 4).)
Effective date---1973 c 1: See RCW 42.17.900.
42.17.060 Deposit of contributions--Statement of
campaign treasurer--Unidentified contributions. ( 1)
All monetary contributions received by a candidate or
political committee shall be deposited by the campaign
treasurer or deputy treasurer in a campaign depository
in an account designated, "Campaign Fund of
_______________ " (name of candidate or political
committee).
(2) All deposits made by a campaign treasurer or
deputy campaign treasurer shall be accompanied by a
statement containing the name of each person contributing the funds so deposited and the amount contributed by each person: Provided, That contributions not
exceeding ten dollars from any one person may be deposited without identifying the contributor. The statement shall be in triplicate, upon a form prescribed by
the commission, one copy to be retained by the campaign depository for its records for the minimum term
of three years, one copy to be filed by the campaign
treasurer with the commission, and one copy to be retained by the campaign treasurer for his records. In the
event of deposits made by a deputy campaign treasurer,
the third copy shall be forwarded to the campaign treasurer to be retained by him for his records. Each statement shall be certified as correct by the campaign
treasurer or deputy campaign treasurer making the
deposit.
(3) Political committees which support or oppose
more than one candidate or ballot proposition, or exist
11975 RCW Supp---p 3881
for more than one purpose, may maintain multiple separate bank accounts within the same designated depository for such purpose: Provided, That each such
account shall bear the same name followed by an appropriate designation which accurately identifies its
separate purpose: And provided further, That transfers
of funds which must be reported under RCW
42.17.090(l)(d), as now or hereafter amended, may not
be made from more than one such account.
(4) Accumulated unidentified contributions, other
than those made by persons whose r:ames must be
maintained on a separate and private list by a political
committee's campaign treasurer pursuant to RCW
42.17.090(1)(b), which total in excess of one percent of
the total accumulated contributions received in the current calendar year or three hundred dollars (whichever
is more), shall not be deposited, used, or expended, but
shall be returned to the donor, if his identity can be ascertained. If the donor cannot be ascertained, the contribution shall escheat to the state, and shall be paid to
the state treasurer for deposit in the state general fund.
[ 1975 1st ex.s. c 294 § 4; 1973 c 1 § 6 (Initiative Measure No. 276 § 6).)
42.17.065 Filing and reporting by continuing political
committee. (1) In addition to the provisions of this section, a continuing political committee shall file and report on the same conditions and at the same times as
any other committee in accordance with the provisions
of RCW 42.17.040, 42.17.050, and 42.17.060.
(2) A continuing political committee shall file with
the commission and the auditor of the county in which
the committee treasurer resides a report on the tenth
day of the month detailing its activities for the preceding calendar month in which the committee has received a contribution or made an expenditure:
Provided, That interest on moneys deposited or service
charges shall not be deemed contributions or expenditures. The report shall be on a form supplied by the
commission and shall include the following
information:
(a) The information required by RCW 42.17.090;
(b) Each expenditure made to retire previously accumulated debts of the committee; identified by recipient,
amount, and date of payments;
(c) Such other information as the commission shall
by rule prescribe.
(3) If a continuing political committee shall make a
contribution in support of or in opposition to a candidate or ballot proposition within sixty days prior to the
date on which such candidate or ballot proposition will
be voted upon, such continuing political committee
shall report pursuant to RCW 42.17 .080, as now or
hereafter amended, until twenty-one days after said
election.
(4) A continuing political committee shall file reports
as required by this chapter until it is dissolved, at which
time a final report shall be filed. Upon submitting a
final report, the duties of the campaign treasurer shall
cease and there shall be no obligation to make any further reports.
Disclosure
(5) The campaign treasurer shall maintain books of
account in accordance with generally accepted accounting principles reflecting all contribution.s and expenditures on a current basis within three busmess days
of receipt or expenditure. During the eight days immediately preceding the date of any election, for which the
committee has received any contributions or made any
expenditures, the books of account shall be kept current
within one business day and shall be open for public
inspection for at least two consecutive hours Monday
through Friday, excluding legal holidays, between 8:00
a.m. and 8:00 p.m., as specified in the committee's
statement of organization filed pursuant to RCW 42.17.040 as now or hereafter amended, at the principal
campaign headquarters or, if there is no campaign
headquarters, at the address of the campaign treasurer.
(6) All reports filed pursuant to this section shall be
certified as correct by the campaign treasurer. [ 1975 1st
ex.s. c 294 § 5.]
42.17.080 Candidates' and treasurers' duty to report.
(I) On the day the campaign treasurer is designated,
each candidate or political committee shall file with the
commission and the county auditor of the county in
which the candidate resides (or in the case of a political
committee supporting or opposing a ballot proposition,
the county in which the campaign treasurer resides), in
addition to any statement of organization required under RCW 42.17.040, a report of all contributions received and expenditures made in the election campaign
prior to that date.
(2) At the following intervals each campaign treasurer
shall file with the commission and the county auditor of
the county in which the candidate resides (or in the
case of a political committee supporting or opposing a
ballot proposition the county in which the campaign
treasurer resides) a further report of the contributions
received and expenditures made since the date of the
last report:
(a) On the fifth and nineteenth days immediately
preceding the date on which the election is held; and
(b) Within ten days after the date of a primary election, and within twenty-one days after the date of all
other elections; and
(c) On the tenth day of each month preceding the
election in which no other reports are required to be
filed under this section: Provided, That such report
shall only be filed if the committee has received a contribution or made an expenditure in the preceding calendar month. Interest on moneys deposited or service
charges shall not be deemed contributions or
ex pen di tures.
The report filed under paragraph (b) above shall be
the final report if there is no outstanding debt or obligation, and the campaign fund is closed, and the campaign is concluded in all respects, and if in the case of a
political committee, the committee has ceased to function and has dissolved. If the candidate or political
committee has any outstanding debt or obligation, additional reports shall be filed at least once every six
months until the obligation or indebtedness is entirely
satisfied at which time a final report shall be filed. Upon
42.17.090
submitting a final report, the duties of the campaign
treasurer shall cease and there shall be no obligation to
make any further reports.
(3) The campaign treasurer shall maintain books of
account in accordance with generally accepted accounting principles reflecting all contributions and expenditures on a current basis within three business days
of receipt or expenditure. During the eight days immediately preceding the date of the election the books of
account shall be kept current within one business day
and shall be open for public inspection for at least two
consecutive hours Monday through Friday, excluding
legal holidays, between 8:00 a.m. and 8:00 p.m., as
specified in the committee's statement of organization
filed pursuant to RCW 42.17.040 as now or hereafter
amended, at the principal campaign headquarters or, if
there is no campaign headquarters, at the address of the
campaign treasurer.
(4) All reports filed pursuant to this section shall be
certified as correct by the candidate and the campaign
treasurer.
(5) Copies of all reports filed pursuant to this section
shall be readily available for public inspection for at
least two consecutive hours Monday through Friday,
excluding legal holidays, between 8:00 a.m. and 8:00
p.m., as specified in the committee's statement of organization filed pursuant to RCW 42.17.040 as now or
hereafter amended, at the principal campaign headquarters or, if there is no campaign headquarters, at the
address of the campaign treasurer. [1975 1st ex.s. c 294
§ 6; 1973 c 1 § 8 (Initiative Measure No. 276 § 8).]
42.17.090 Contents of report. (I) Each report required under RCW 42.17.080 shall disclose for the period beginning at the end of the period for the last report
or, in the case of an initial report, at the tii:ne of the first
contribution or expenditure, and ending not more than
three days prior to the date the report is due:
(a) The funds on hand at the beginning of the period;
(b) The name and address of each person who has
made one or more contributions during the period, together with the money value and date of such contributions and the aggregate value of all contributions
received from each such person during the preceding
twelve-month period: Provided, That contributions not
exceeding ten dollars in aggregate from any one person
during the election campaign may be reported as one
lump sum so long as the campaign treasurer maintains
a separate and private list of the names, addresses, and
amounts of each such contributor;
(c) Each loan, promissory note, or security instrument to be used by or for the benefit of the candidate
or political committee made by any person, together
with the names and addresses of the lender and each
person liable directly, indirectly or contingently and the
date and amount of each such loan, promissory note, or
security instrument;
(d) The name and address of each political committee
from which the reporting committee or candidate received, or to which that committee or candidate made,
any transfer of funds, together with the amounts, dates,
and purpose of all such transfers;
(1975 RCW Supp--p 389)
~2.17.090
Title 42:
Public Officers and Agencies
(e) All other contributions not otherwise listed or
exempted:
(t) The name and address of each person to whom an
e'>penditure was made in the aggregate amount of
twent\-fi\'e dollars or more, and the amount, date, and
purpose of each such expenditure;
(g) The total sum of expenditures;
(h) The surplus or deficit of contributions over
expenditures;
(i) The disposition made of any surplus of contributions over expenditures;
U) Such other information as shall be required by the
commission by regulation in conformance with the policies and purposes of this chapter; and
(k) Funds received from a political committee not
domiciled in Washington state and not otherwise required to report under this chapter (a "nonreporting
committee"). Such funds shall be forfeited to the state
of Washington unless the nonreporting committee or
the recipient of such funds has filed or within three days
following such receipt shall file with the commission a
statement disclosing: (i) its name and address; (ii) the
purposes of the nonreporting committee; (iii) the
names, addresses, and titles of its officers or if it has no
officers, the names, addresses, and titles of its responsible leaders; (iv) a statement whether the nonreporting
committee is a continuing one; (v) the name, office
sought, and party affiliation of each candidate in the
state of Washington whom the nonreporting committee
is supporting, and, if such committee is supporting the
entire ticket of any party, the name of the party; (vi)
the ballot proposition supported or opposed in the state
of Washington, if any, and whether such committee is
in favor of or opposed to such proposition; (vii) the
name and address of each person residing in the state
of Washington or corporation which has a place of
business in the state of Washington who has made one
or more contributions to the nonreporting committee
during the preceding twelve-month period, together
with the money value and date of such contributions;
(viii) the name and address of each person in the state
of Washington to whom an expenditure was made by
the nonreporting committee on behalf of a candidate or
political committee in the aggregate amount of twentyfive dollars or more, the amount, date, and purpose of
such expenditure, and the total sum of such expenditures; (ix) such other information as the commission
may by regulation prescribe, in keeping with the policies and purposes of this chapter.
(2) The campaign treasurer and the candidate shall
certify the correctness of each report. [ 1975 1st ex.s. c
294 § 7; 1973 c 1 § 9 (Initiative Measure No. 276 § 9).]
42.17.120 Identification of contributions and communications. No contribution shall be made and no expenditure shall be incurred, directly or indirectly, in a
fictitious name, anonymously, or by one person through
an agent, relative, or other person in such a manner as
to conceal the identity of the source of the contribution
or in any other manner so as to effect concealment.
[1975 1st ex.s. c 294 § 8; 1973 c 1 § 12 (Initiative Measure No. 276 § 12).]
11975 RCW Supp--p 390)
LOBBYIST REPORTING
42.17 .155 Photograph and information--Booklet--Publication--Lobbyists' booklet revolving fund.
( 1) Each lobbyist shall at the time he registers submit to
the commission a recent three inch by five inch blackand-white photograph of himself together with the
name of the lobbyist's employer, the length of his employment as a lobbyist before the legislature, a brief
biographical description, and any other information he
may wish to submit not to exceed fifty words in length:
such photograph and information to be published at
least annually in a booklet form by the commission for
distribution to legislators and the public.
(2) There is established a fund to be known as the
"lobbyists' booklet revolving fund" which shall consist
of all receipts from sales of the booklets described in
subsection ( 1) of this section. This fund shall be used
for expenses of production and sale of such booklets
and for no other purpose. [ 1975 1st ex.s. c 294 § 21.]
42.17.160 Exemption from registration. The following persons and activities shall be exempt from registration and reporting under RCW 42.17.150, 42.17.170,
42.17.190, and 42.17.200:
(1) Persons who limit their lobbying activities to appearance before public sessions of committees of the
legislature, or public hearings of state agencies.
(2) News or feature reporting activities and editorial
comment by working members of the press, radio, or
television and the publication or dissemination thereof
by a newspaper, book publisher, regularly published
periodical, radio station, or television station.
(3) Persons who lobby without compensation or other
consideration for acting as a lobbyist: Provided, Such
person makes no expenditure for or on behalf of any
member of the legislature or elected official or public
officer or employee of th,e state of Washington in connection with such lobbying. Any person exempt under
this subsection (3) may at his option register and report
under this chapter.
(4) Persons who restrict their lobbying activities to no
more than four days or parts thereof during any threemonth period and whose total expenditures during such
three-month period for or on behalf of any one or more
members of the legislature or state elected officials or
public offi~ers o~ employees of the state of Washington
m connection with such lobbying do not exceed fifteen
dollars: Provided, That the commission shall promulgate regulations to require disclosure by persons exempt
un~er this subsection or their employers or entities
which sponsor or coordinate the lobbying activities of
such persons if it determines that such regulations are
necessary to prevent frustration of the purposes of this
chapter. Any person exempt under this subsection (4)
may at his option register and report under this chapter.
(5) The governor.
(6) The lieutenant governor.
(7) Except as provided by RCW 42.17.190(1), members of the legislature.
(8) Except as provided by RCW 42.17.190(1), persons
employed by the legislature for the purpose of aiding in
Disclosure
the preparation or enactment of legislation or the performance of legislative duties.
(9) Except as provided by RCW 42.17.190 elected
state officers, state officers appointed by the governor
subject to confirmation by the senate, and employees of
any state agency. [1975 1st ex.s. c 294 § 9; 1973 c 1 § 16
(Initiative Measure No. 276 § 16).]
42.17.170 Reporting by lobbyists. (1) Any lobbyist
registered under RCW 42.17.150 and any person who
lobbies shall file with the commission periodic reports
of his activities signed by both the lobbyist and the
lobbyist's employers. The reports shall be made in the
form and manner prescribed by the commission. They
shall be due quarterly and shall be filed within thirty
days after the end of the calendar quarter covered by
the report. In addition to the quarterly reports, while
the legislature is in session, any lobbyist who lobbies
with respect to any legislation shall file interim weekly
periodic reports for each week that the legislature is in
session, which reports need be signed only by the lobbyist and which shall be filed on each Tuesday for the
activities of the week ending on the preceding Saturday:
Provided, That it shall not be necessary to file any such
interim weekly periodic reports for any week during
which no expenditure reportable under subsection (2)
hereof was made by the reporting person.
(2) Each such quarterly and weekly periodic report
shall contain:
(a) The totals of all expenditures made or incurred by
such lobbyist or on behalf of such lobbyist by the lobbyist's employer during the period covered by the report, which totals shall be segregated according to
financial category, including food and refreshments;
living accommodations; advertising; travel; telephone;
contributions; office expenses, including rent and the
salaries and wages paid for staff and secretarial assistance, or the proportionate amount thereof, paid or incurred for lobbying activities; and other expenses or
services: Provided however, That unreimbursed personal living and travel expenses of a lobbyist not incurred
directly or indirectly for any lobbying purpose need not
be reported: And provided further, That the interim
weekly reports of legislative lobbyists for the legislative
session need show only the expenditures for food and
refreshments; living accommodations; travel; contributions; and such other categories as the commission shall
prescribe by rule. Each individual expenditure of more
than fifteen dollars for entertainment shall be identified
by date, place, amount, and the names of all persons in
the group partaking in or of such entertainment including any portion thereof attributable to the lobbyist's
participation therein but without allocating any portion
of such expenditure to individual participants.
(b) In the case of a lobbyist employed by more than
one employer, the proportionate amount of such expenditures in each category incurred on behalf of each
of his employers.
(c) An itemized listing of each such expenditure in
the nature of a contribution of money or of tangible or
intangible personal property to any legislator, or for or
on behalf of any legislator. All contributions made to,
42.17.180
or for the benefit of, any legislator shall be identified by
date, amount, and the name of the legislator receiving,
or to be benefited by each such contribution.
(d) The subject matter of proposed legislation or
rulemaking; the proposed rules, standards, rates, or
other legislative enactments under chapter 34.04 RCW
and chapter 28B. I 9 RCW (the state administrative procedure acts) and the state agency considering the same;
and the number of each senate or house bill, resolution,
or other legislative activity which the lobbyist has been
engaged in supporting or opposing during the reporting
period: Provided, That in the case of appropriations
bills the lobbyist shall enumerate the specific section or
sections which he supported or opposed. [1975 l st ex.s.
c 294 § 10; 1973 c I § 17 (Initiative Measure No. 276 §
17).]
42.17.180 Reports by employers of registered lobbyists. Every employer of a lobbyist registered under this
chapter during the preceding calendar year shall file
with the commission on or before March 31st of each
year a statement disclosing for the preceding calendar
year the following information:
(1) The name of each state elected official and the
name of each candidate for state office who was elected
to such office and any member of the immediate family
of such persons to whom such employer has paid any
compensation in the amount of five hundred dollars or
more during the preceding calendar year for personal
employment or professional services, including professional services rendered by a corporation, partnership,
joint venture, association, union, or other entity in
which such person holds any office, directorship, or any
general partnership interest, or an ownership interest of
ten percent or more, the value of such compensation in
accordance with the reporting provisions set out in
RCW 42.17.240(2), as now or hereafter amended, and
the consideration given or performed in exchange for
such compensation.
(2) The name of each state elected official, successful
candidate for state office or members of his immediate
family to whom the lobbyist employer made expenditures, directly or indirectly, either through a lobbyist or
otherwise, the amount of such expenditures and the
purpose for such expenditures: Provided, That for the
purposes of this subsection, the term expenditure shall
not include any expenditure made by the employer in
the ordinary course of business if such expenditure is
not made for the purpose of influencing, honoring, or
benefiting such elected official, successful candidate or
member of his immediate family, as an elected official
or candidate.
(3) The total expenditures made by the employer for
lobbying purposes, whether through or on behalf of a
registered lobbyist or otherwise.
(4) All contributions made to a candidate for state
office, to a political committee supporting or opposing a
candidate for state office, or to a political committee
supporting or opposing a state-wide ballot proposition.
Such contributions shall be identified by the name and
the address of the recipient and the aggregate amount
contributed to each such recipient.
(1975 RCW Supp--p 391)
-'2.17.180
Title 42:
Public Officers and Agencies
(5) The name and address of each registered lobbyi~t
employed by such employer.
(6} Such other information as the commission shall
by rule prescribe. [ 1975 l st ex.s. c 294 § 11; 1973 c l §
18 (Initiative Measure No. 276 § 18).]
42.17.190 Legislative activities of state agencies and
other units of goYernment. (1) Every legislator and every
committee of the legislature shall file with the commission quarterly reports listing the names, addresses, and
salaries of all persons employed by the person or committee making the filing for the purpose of aiding in the
preparation or enactment of legislation or the performance of legislative duties of such legislator or committee during the preceding quarter. The reports shall be
made in the form and the manner prescribed by the
commission and shall be filed between the first and
tenth days of each calendar quarter: Provided, That the
information required by this subsection may be supplied, insofar as it is available, by the chief clerk of the
house of representatives or by the secretary of the senate on a form prepared by the commission.
(2) Unless expressly authorized by law, no state funds
shall be used directly or indirectly for lobbying: Provided, This shall not prevent state officers or employees
from communicating with a member of the legislature
on the request of that member; or communicating to
the legislature, through the proper official channels, requests for legislative action or appropriations which are
deemed necessary for the efficient conduct of the public
business or actually made in the proper performance of
their official duties: Provided further, That this subsection shall not apply to the legislative branch.
(3) Each state agency which expends state funds for
lobbying pursuant to an express authorization by law or
whose officers or employees communicate on legislation
directly affecting the agency to members of the legislature on request of any member or communicate to the
legislature requests for legislation sh~!~ file with the
commission quarterly statements providmg the following information for the quarter just completed:
(a) The name of the agency filing the statement;
(b) The name, title, and job description and salary of
each employee engaged in such legislative activity, a
general description of the nature of his ~egi.slative activities, and the proportionate amount of his time spent on
such activities.
The statements shall be in the form and the manner
prescribed by the commission and shall be filed within
thirty days after the end of the quarter covered by the
report.
(4) The provisions of this section shall not relieve any
state officer or any employee of a state agency from
complying with other provisions of this chapter, if such
officer or employee is not otherwise exempted. [ 197 5 l st
ex.s. c 294 § 12; 1973 c l § 19 (Initiative Measure No.
276 § 19).]
11975 RCW Supp--p 392)
REPORTING OF ELECTED OFFICIALS
FINANCIAL AFFAIRS
42.17 .240 Elected officials reports of financial affairs.
(I) Every elected official (except president, vice president. and precinct committeemen) shall after January
l st and before January 31st of each year; and every
candidate, and every person appointed to fill a vacancy
in an elective office (except for the offices of president.
vice president, and precinct committeeman) shall, within two weeks of becoming a candidate, or being appointed to such elective office, fil~ with the commission
a written statement sworn as to its truth and accuracy
stating for himself and all members of his i!11mediate
family, for the preceding twelve months: Provided, Th~t
no individual shall be required to file more than once m
any calendar year:
(a) Occupation, name of employer, and business address; and
(b) Each bank or savings account or insurance policy
in which any such person or persons owned a direct financial interest which exceeded five thousand dollars at
any time during such period; each other item of intangible personal property in which any such person or
persons owned a direct financial interest: the value ~f
which exceeded five hundred dollars dunng such period; and the name, address, nature of entity, nature and
highest value of each such direct financial interest during the reporting period; and
(c) The name and address of each creditor to whom
the value of five hundred dollars or more was owed; the
original amount of each debt to each such creditor; the
amount of each debt owed to each creditor as of the
date of filing; the terms of repayment of each such
debt; and the security given, if any, for each such debt:
Provided, That debts arising out of a "retail installment
transaction" as defined in chapter 63.14 RCW (Retail
Installment Sales Act) need not be reported; and
(d) Every public or private office, directorship and
position as trustee held; and
(e) All persons for whom any legislation, or any rule,
rate, or standard has been prepared, promoted, or opposed for current or deferred compensation: Provided,
That for the purposes of this subsection, "compensation" shall not include payments made to an elected official by the governmental entity for which such person
serves as an elected official for his service in office; the
description of such actual or proposed legislation, rules,
rates, or standards; and the amount of current or deferred compensation paid or promised to be paid; and
(f) The name and address of each governmental entity, corporation, partnership, joint venture, sole proprietorship, association, union, or other business or
commercial entity from whom compensation has been
received in any form of a total value of five hundred
dollars or more; the value of such compensation; and
the consideration given or performed in exchange for
such compensation; and
(g) The name of any corporation, partnership, joint
venture, association, union, or other entity in which is
held any office, directorship, or any general partnership
interest, or an ownership interest of ten percent or
42.17.260
Disclosure
more; the name or title of that office, directorship, or
partnership; the nature of ownership interest; and with
respect to each such entity: (i) With respect to a governmental unit in which the elected official holds any
elective office, if such entity has received compensation
in any form during the preceding twelve months from
such governmental unit, the value of such compensation
and the consideration given or performed in exchange
for such compensation; (ii) The name of each governmental unit, corporation, partnership, joint venture, sole
proprietorship, association, union, or other business or
commercial entity from which such entity has received
compensation in any form in the amount of two thousand five hundred dollars or more during the preceding
twelve months and the consideration given or performed in exchange for such compensation: Provided,
That the term "compensation" for purposes of this subsection (l)(g)(ii) shall not include payment for water
and other utility services at rates approved by the
Washington state utilities and transportation commission or the legislative authority of the public entity providing such service; (iii) The name, address, and
occupation of every other director and/or officer of any
bank or commercial lending institution, the name of
which is required to be reported under this subsection
or all interest paid by a borrower on loans from and all
interest paid to a depositor by such bank or commercial
lending institution if such interest exceeds six hundred
dollars; and
(h) A list, including legal or other sufficient descriptions as prescribed by the commission, of all real property in the state of Washington, the assessed valuation
of which exceeds two thousand five hundred dollars in
which any direct financial interest was acquired during
the preceding calendar year, and a statement of the
amount and nature of the financial interest and of the
consideration given in exchange for such interest; and
(i) A list, including legal or other sufficient descriptions as prescribed by the commission, of all real property in the state of Washington, the assessed valuation
of which exceeds two thousand five hundred dollars in
which any direct financial interest was divested during
the preceding calendar year, and a statement of the
amount and nature of the consideration received in exchange for such interest, and the name and address of
the person furnishing such consideration; and
Q) A list, including legal or other sufficient descriptions as prescribed by the commission, of all real property in the state of Washington, the assessed valuation
of which exceeds two thousand five hundred dollars in
which a direct financial interest was held: Provided,
That if a description_ of such property has been included
in a report previously filed, such property may be listed,
for purposes of this provision, by reference to such previously filed report;
(k) A list, including legal or other sufficient descriptions as prescribed by the commission, of all real property in the state of Washington, the assessed valuation
of which exceeds five thousand dollars, in which a corporation, partnership, firm, enterprise, or other entity
had a direct financial interest, in which corporation,
partnership, firm or enterprise a ten percent or greater
ownership interest was held; and
(I) Such other information as the commission may
deem necessary in order to properly carry out the purposes and policies of this chapter, as the commission
shall by rule prescribe.
(2) Where an amount is required to be reported under subsection (I), paragraphs (a) through (k) of this
section, it shall be sufficient to comply with such requirement to report whether the amount is less than one
thousand dollars, at least one thousand dollars but less
than five thousand dollars, at least five thousand dollars
but less than ten thousand dollars, at least ten thousand
dollars but less than twenty-five thousand dollars, or
twenty-five thousand dollars or more. An amount of
stock may be reported by number of shares instead of
by market value. No provision of this subsection shall
be interpreted to prevent any person from filing more
information or more detailed information than
required.
(3) Elected officials and candidates reporting under
this section shall not be required to file the statements
required to be filed with the secretary of state under
RCW 42.21.060. [1975 1st ex.s. c 294 § 13; 1973 c 1 § 24
(Initiative Measure No. 276 § 24).]
PUBLIC RECORDS
42.17.260
Documents and indexes to be made public.
(I) Each agency, in accordance with published rules,
shall make available for public inspection and copying
all public records. To the extent required to prevent an
unreasonable invasion of personal privacy, an agency
shall delete identifying details when it makes available
or publishes any public record; however, in each case,
the justification for the deletion shall be explained fully
in writing.
(2) Each agency shall maintain and make available
for public inspection and copying a current index providing identifying information as to the following records issued, adopted, or promulgated after January 1,
1973:
(a) Final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication
of cases;
(b) Those statements of policy and interpretations of
policy, statute, and the Constitution which have been
adopted by the agency;
(c) Administrative staff manuals and instructions to
staff that affect a member of the public;
(d) Planning policies and goals, and interim and final
planning decisions;
(e) Factual staff reports and studies, factual consultant's reports and studies, scientific reports and studies,
and any other factual information derived from tests,
studies, reports, or surveys, whether conducted by public employees or others; and
(f) Correspondence, and materials referred to therein,
by and with the agency relating to any regulatory, supervisory, or enforcement responsibilities of the agency,
whereby the agency determines, or opines upon, or is
asked to determine or opine upon, the rights of the
[1975 RCW Supp--p 393)
~2.17.260
Title 42:
Public Officers and Agencies
state. the public. a subdi\'ision of state government, or
of an_\ private party.
(3) An agency need not maintain such an index, if to
do so would be unduly burdensome, but it shall in that
e\'ent:
(a) Issue and publish a formal order specifying the
reasons why and the extent to which compliance would
unduly burden or interfere with agency operations; and
(b) Make available for public inspection and copying
all indexes maintained for agency use.
(4) A public record may be relied on, used, or cited
as precedent by an agency against a party other than an
agency and it may be invoked by the agency for any
other purpose only if-(a) It has been indexed in an index available to the
public; or
(b) Parties affected have timely notice (actual or constructive) of the terms thereof.
(5) This chapter shall not be construed as giving authority to any agency to give, sell or provide access to
lists of individuals requested for commercial purposes,
and agencies shall not do so unless specifically authorized or directed by law: Provided, however, That lists of
applicants for professional licenses and of professional
licensees shall be made available to those professional
associations or educational organizations recognized by
their professional licensing or examination board, upon
payment of a reasonable charge therefor: Provided further, That such recognition may be refused only for a
good cause pursuant to a hearing under the provisions
of chapter 34.04 RCW. [I 975 1st ex.s. c 294 § 14; 1973 c
1 § 26 (Initiative Measure No. 276 § 26).]
42.17.270 Facilities for copying--Availability of
public records. Public records shall be available for inspection and copying, and agencies shall, upon request
for identifiable public records, make them promptly
available to any person. Agency facilities shall be made
available to any person for t.lle copying of public records except when and to the extent that this would
unreasonably disrupt the operations of the agency.
Agencies shall honor requests received by mail for
identifiable public records unless exempted by provisions of this chapter. [1975 !st ex.s. c 294 § 15; 1973 c I
§ 27 (Initiative Measure No. 276 § 27).]
42.17.290 Protection of public records-Public access. Agencies shall adopt and enforce reasonable rules
and regulations, consonant with the intent of this chapter to provide full public access to public records, to
protect public records from damage or disorganization,
and to prevent excessive interference with other essential functions of the agency. Such rules and regulations
shall provide for the fullest assistance to inquirers and
the most timely possible action on requests for information. ;"\; othing in this section shall relieve agencies
from honoring requests received by mail for copies of
identifiable public records. [1975 1st ex.s. c 294 § 16;
1973 c I § 29 (Initiative Measure No. 276 § 29).]
[1975 RCW Supp---p 394(
42.17.310 Certain personal and other records exempt.
(I) The following shall be exempt from public inspection and copying:
(a) Personal information in any files maintained for
students in public schools, patients or clients of public
institutions or public health agencies, welfare recipients.
prisoners, probationers, or parolees.
(b) Personal information in files maintained for employees, appointees, or elected officials of any public
agency to the extent that disclosure would violate their
right to privacy.
(c) Information required of any taxpayer in connection with the assessment or collection of any tax if the
disclosure of the information to other persons would
violate the taxpayer's right to privacy or would result in
unfair competitive disadvantage to such taxpayer.
(d) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies
vested with the responsibility to discipline members of
any profession, the nondisclosure of which is essential
to effective law enforcement or for the protection of any
person's right to privacy.
(e) Information revealing the identity of persons who
file complaints with investigative, law enforcement, or
penology agencies, except as the complainant may authorize: Provided, That this subsection shall not apply
to persons who file complaints with the public disclosure commission about any elected official or candidate
for elective office: Provided, further, That all complaints filed with the public disclosure commission
about any elected official or candidate for public office
must be made in writing and signed by the complainant
under oath.
(f) Test questions, scoring keys, and other examination data used to administer a license, employment, or
academic examination.
(g) Except as provided by chapter 8.26 RCW, the
contents of real estate appraisals, made for or by any
agency relative to the acquisition or sale of property,
until the project or prospective sale is abandoned or
until such time as all of the property has been acquired
or the property to which the sale appraisal relates is
sold, but in no event shall disclosure be denied for more
than three years after the appraisal.
(h) Valuable formulae, designs, drawings, and research data obtained by any agency within five years of
the request for disclosure when disclosure would
produce private gain and public loss.
(i) Preliminary drafts, notes, recommendations, and
intra-agency memorandums in which opinions are expressed or policies formulated or recommended except
that a specific record shall not be exempt when publicly
cited by an agency in connection with any agency
action.
(j) Records which are relevant to a controversy to
which an agency is a party but which records would not
be available to another party under the rules of pretrial
discovery for causes pending in the superior courts.
(2) The exemptions of this section shall be inapplicable to the extent that information, the disclosure of
Disclosure
which would violate personal privacy or vital ~overn­
mental interests, can be deleted from the specific records sought. No exemption shall be construed to
permit the nondisclosure of statistical information not
descriptive of any readily identifiable person or persons.
(3) Inspection or copying of any specific records, exempt under the provisions of this section, may be permitted if the superior court in the county in which the
record is maintained finds, after a hearing with notice
thereof to every person in interest and the agency, that
the exemption of such records, is clearly unnecessary to
protect any individual's right of privacy or any vital
governmental function.
(4) Agency responses refusing, in whole or in part,
inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation
of how the exemption applies to the record withheld.
[1975 1st ex.s. c 294 § 17; 1973 c 1 § 31 (Initiative
Measure No. 276 § 31).]
42.17.315 Certain records obtained by colleges, universities, libraries or archives exempt. Notwithstanding
the provisions of RCW 42.17.260 through 42.17.340, as
now or hereafter amended, no state college, university,
library, or archive shall be required by chapter 42.17
RCW to make available for public inspection and
copying any records or documents obtained by said
college, university, library, or archive through or concerning any gift, grant, conveyance, bequest or devise,
the terms of which restrict or regulate public access to
such records or documents: Provided, That this section
shall not apply to any public records as defined in
RCW 40.14.010. [1975 1st ex.s. c 294 § 22.)
42.17.320 Prompt responses required. Responses to
requests for public records shall be made promptly by
agencies. Denials of requests must be accompanied by a
written statement of the specific reasons therefor.
Agencies shall establish mechanisms for the most
prompt possible review of decisions denying inspection,
and such review shall be deemed completed at the end
of the second business day following the denial of inspection and shall constitute final agency action for the
purposes of judicial review. [1975 1st ex.s. c 294 § 18;
1973 c 1 § 32 (Initiative Measure No. 276 § 32).)
42.17.330 Court protection of public records. The examination of any specific public record may be enjoined if, upon motion and affidavit, the superior court
for the county in which the movant resides or in which
the record is maintained, finds that such examination
would clearly not be in the public interest and would
substantially and ·irreparably damage any person, or
would substantially and irreparably damage vital governmental functions. [1975 1st ex.s. c 294 § 19; 1973 c 1
§ 33 (Initiative Measure No. 276 § 33).]
42.17.340 Judicial review of agency actions. (1) Upon
the motion of any person having been denied an opportunity to inspect or copy a public record by an
agency, the superior court in the county in which a
42.17.350
record is maintained may require the responsible agency to show cause why it has refused to allow inspection
or copying of a specific public record or class of records. The burden of proof shall be on the agency to
establish that refusal to permit public inspection and
copying is required.
(2) Judicial review of all agency actions taken or
challenged under RCW 42.17.250 through 42.17.320
shall be de novo. Courts shall take into account the
policy of this chapter that free and open examination of
public records is in the public interest, even though
such examination may cause inconvenience or embarrassment to public officials or others. Courts may examine any record in camera in any proceeding brought
under this section.
(3) Any person who prevails against an agency in any
action in the courts seeking the right to inspect or copy
any public record shall be awarded all costs, including
reasonable attorney fees, incurred in connection with
such legal action. In addition, it shall be within the discretion of the court to award such person an amount
not to exceed twenty-five dollars for each day that he
was denied the right to inspect or copy said public
record. [ 1975 1st ex.s. c 294 § 20; 1973 c 1 § 34 (Initiative Measure No. 276 § 34).)
ADMINISTRATION AND ENFORCEMENT
42.17 .350 Public disclosure commission--Established--Membership--Per diem. There is hereby
established a "Public Disclosure Commission'' which
shall be composed of five members who shall be appointed by the governor, with the consent of the senate.
All appointees shall be persons of the highest integrity
and qualifications. No more than three members shall
have an identification with the same political party. The
original members shall be appointed within sixty days
after the effective date of this act. The term of each
member shall be five years except that the original five
members shall serve initial terms of one, two, three,
four, and five years, respectively, as designated by the
governor. No member of the commission, during his
tenure, shall (I) hold or campaign for elective office; (2)
be an officer of any political party or political committee; (3) permit his name to be used, or make contributions, in support of or in opposition to any candidate or
proposition; (4) participate in any way in any election
campaign; or (5) lobby or employ or assist a lobbyist.
No member shall be eligible for appointment to more
than one full term. A vacancy on the commission shall
be filled within thirty days of the vacancy by the governor, with the consent of the senate, and the appointee
shall serve for the remaining term of his predecessor. A
vacancy shall not impair the powers of the remaining
members to exercise all of the powers of the commission. Three members of the commission shall constitute
a quorum. The commission shall elect its own chairman
and adopt its own rules of procedure in the manner
provided in chapter 34.04 RCW. Any member of the
commission may be removed by the governor, but only
upon grounds of neglect of duty or misconduct in
office.
[1975 RCW Supp--p 395)
42.17.350
Title 42:
Public Officers and Agencies
Each member shall receive per diem in the amount of
forty dollars in lieu of expenses for each day or portion
thereof spent in performance of his duties as a member
of the commission. and in addition shall be reimbursed
for travel expenses actually incurred while engaged in
the business of the commission as provided in chapter
43.03 RCW. The compensation provided pursuant to
this section shall not be considered salary for purposes
of the provisions of any retirement system created pursuant to the general laws of this state.
Nothing in this section shall prohibit the commission,
or any of its members or staff on the authority of the
commission, from responding to communications from
the legislature or any of its members or from any state
agency or from appearing and testifying at an open
public meeting (as defined by RCW 42.30.030) or a
hearing to adopt rules held pursuant to RCW 34.04.025
on matters directly affecting the exercise of their duties
and powers under this chapter. [1975 1st ex.s. c 294 §
23: 1973 c 1 § 35 (Initiative Measure No. 276 § 35).]
Effective date--1973 c 1: See RCW 42.17.900.
42.17.370 Commission--Additional powers. The
commission is empowered to:
( 1) Adopt, promulgate, amend, and rescind suitable
administrative rules and regulations to carry out the
policies and purposes of this chapter, which rules and
regulations shall be promulgated pursuant to the provisions of chapter 34.04 RCW:
(2) Prepare and publish such reports and technical
studies as in its judgment will tend to promote the purposes of this chapter, including reports and statistics
concerning campaign financing, lobbying, financial interests of elected officials, and enforcement of this
chapter;
(3) Make from time to time, on its own motion, audits and field investigations;
(4) Make public the time and date of any formal
hearing set to determine whelher a violation has occurred, the question or questions to be considered, and
the results thereof:
(5) Administer oaths and affirmations, issue subpoenas, and compel attendance, take evidence and require
the production of any books, papers, correspondence,
memorandums, or other records which the commission
deems relevant or material for the purpose of any investigation authorized under this chapter, or any other
proceeding under this chapter;
(6) Adopt and promulgate a code of fair campaign
practices;
(7) Relieve, by published regulation of general applicability. candidates or political committees of obligations to comply with the provisions of this chapter
relating to election campaigns, if they have not received
contributions nor made expenditures in connection with
any election campaign of more than one thousand dollars; and
(8) Enact regulations prescribing reasonable requirements for keeping accounts of and reporting on a quarterly basis costs incurred by state agencies, counties,
(1975 RCW Supp-----p 396)
cities. and other municipalities and political subdivisions in preparing, publishing, and distributing legislative information. The term "legislative information". for
the purposes of this subsection, means books, pamphlets, reports, and other materials prepared, published, or
distributed at substantial cost, a substantial purpose of
which is to influence the passage or defeat of any legislation. The state auditor in his regular examination of
each agency under chapter 43.09 RCW shall review
such regulations, accounts, and reports and make appropriate findings, comments, and recommendations in
his examination reports concerning those agencies.
(9) The commission, after hearing, by order approved
and ratified by a majority of the membership of the
commission, may suspend or modify any of the reporting requirements hereunder in a particular case if it
finds that literal application of this chapter works a
manifestly unreasonable hardship and if it also finds
that such suspension or modification will not frustrate
the purposes of the chapter. Any such suspension or
modification shall be only to the extent necessary to
substantially relieve the hardship. The commission shall
act to suspend or modify any reporting requirements
only if it determines that facts exist that are clear and
convincing proof of the findings required hereunder.
Any citizen shall have standing to bring an action in
Thurston county superior court to contest the propriety
of any order entered hereunder within one year from
the date of the entry of such order. [1975 !st ex.s. c 294
§ 25; 1973 c I § 37 (Initiative Measure No. 276 § 37).]
42.17.380 Secretary of state, attorney general-Duties. (I) The secretary of state, through his office,
shall perform such ministerial functions as may be necessary to enable the commission to carry out its responsibilities under this chapter. The office of the
secretary of state shall be designated as the place where
the public may file papers or correspond with the commission and receive any form or instruction from the
comm1ss1on.
(2) The attorney general, through his office, shall
~upply such assistance as the commission may require
m order to carry out its responsibilities under this
chapter. The commission may employ attorneys who
are neither the attorney general nor an assistant attorney general to carry out any function of the attorney
general prescribed in this chapter. [ 197 5 1st ex.s. c 294 §
26; 1973 c I § 38 (Initiative Measure No. 276 § 38).]
42.17.400 Enforcement. (I) The attorney general and
the prosecuting authorities of political subdivisions of
this state may bring civil actions in the name of the
s~at~ for any appropri_ate civil remedy, including but not
hm1ted to the special remedies provided in RCW
42.17.390.
. (2) The attorney general and the prosecuting authorities of political subdivisions of this state may investigate
or cause to be investigated the activities of any person
'"'.ho t_here is re~son to believe is or has been acting in
v10lat10n of this chapter, and may require any such
person or any other person reasonably believed to have
information concerning the activities of such person to
Notaries Public And Commissioners of Deeds
appear at a time and place designated in th.e county. in
which such person resides or is found, to give such. mformation under oath and to produce all accounts, bills,
receipts, books, paper and documents which may be
relevant or material to any investigation authorized under this chapter.
(3) When the attorney general or the prosecuting authority of any political subdivision of this state requires
the attendance of any person to obtain such information or the production of the accounts, bills, receipts,
books, papers, and documents which may be relevant
or material to any investigation authorized under this
chapter, he shall issue an order setting forth the time
when and the place where attendance is required and
shall cause the same to be delivered to or sent by registered mail to the person at least fourteen days before
the date fixed for attendance. Such order shall have the
same force and effect as a subpoena, shall be effective
state-wide, and, upon application of the attorney general or said prosecuting authority, obedience to the order may be enforced by any superior court judge in the
county where the person receiving it resides or is found,
in the same manner as though the order were a subpoena. The court, after hearing, for good cause, and
upon application of any person aggrieved by the order,
shall have the right to alter, amend, revise, suspend, or
postpone all or any part of its provisions. In any case
where the order is not enforced by the court according
to its terms, the reasons for the court's actions shall be
clearly stated in writing, and such action shall be subject to review by the appellate courts by certiorari or
other appropriate proceeding.
(4) Any person who has notified the attorney general
and the prosecuting attorney in the county in which the
violation occurred in writing that there is reason to believe that some provision of this chapter is being or has
been violated may himself bring in the name of the
state any of the actions (hereinafter referred to as a citizen's action) authorized under this chapter. This citizen
action may be brought only if the attorney general and
the prosecuting attorney have failed to commence an
action hereunder within forty-five days after such notice and such person has thereafter further notified the
attorney general and prosecuting attorney that said
person will commence a citizen's action within ten days
upon their failure so to do, and the attorney general
and the prosecuting attorney have in fact failed to bring
such action within ten days of receipt of said second
notice. If the person who brings the citizen's action
prevails, the judgment awarded shall escheat to the
state, but he shall be entitled to be reimbursed by the
state of Washington for costs and attorney's fees he has
incurred: Provided, That in the case of a citizen's action
which is dismissed and which the court also finds was
brought without reasonable cause, the court may order
the person commencing the action to pay all costs of
trial and reasonable attorney's fees incurred by the
defendant.
(5) In any action brought under this section, the
court may award to the state all costs of investigation
and trial, including a reasonable attorney's fee to be
fixed by the court. If the violation is found to have been
Chapter 42.28
intentional, the amount of the judgment, which shall for
this purpose include the costs, may be trebled as punitive damages. If damages or trebled damages are
awarded in such an action brought against a lobbyist,
the judgment may be awarded against the lobbyist, and
the lobbyist's employer or employers joined as defendants, jointly, severally, or both. If the defendant prevails, he shall be awarded all costs of trial, and may be
awarded a reasonable attorney's fee to be fixed by the
court to be paid by the state of Washington. [ 1975 1st
ex.s. c 294 § 27; 1973 c 1 § 40 (Initiative Measure No.
276 § 40).]
42.17.911 Severability--1975 1st ex.s. c 294. 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 294 § 29.]
Chapter 42.20
MISCONDUCT OF PUBLIC OFFICERS
School officials, beneficial interests in contracts prohibited-Second
and third class school districts-Exception: RCW 28A.60.355.
Chapter 42.23
CODE OF ETHICS FOR MUNICIPAL
OFFICERS-CONTRACT INTERESTS
School officials, beneficial interests in contracts prohibited-Second
and third class districts-Exception: RCW 28A.60.355.
Chapter 42.24
PAYMENT OF CLAIMS FOR EXPENSES,
MATERIAL, PURCHASES-ADVAN CEMENTS
Sections
42.24.035
Manner of payment for postage, books and periodicals.
42.24.035 Manner of payment for postage, books and
periodicals. Notwithstanding the provisions of chapter
42.24 RCW or any other existing statute, school districts and other public agencies including but not limited to state agencies and municipal corporations which
are expressly or by necessary implication authorized to
subscribe to magazines or other periodical publications
or books or to purchase postage or publications from
the United States government or any other publisher
may make payment of the costs of such purchases in a
manner as consistent as possible and practicable with
normal and usual business methods, and in the case of
subscriptions, for periods not in excess of three years.
[1975 1st ex.s. c 72 § 1; 1963 c 116 § 1.]
Chapter 42.28
NOTARIES PUBLIC AND COMMISSIONERS OF
DEEDS
Sections
42.28.030
42.28.035
Bond, fee, seal or stamp, oath of office.
Rubber stamp may be used by notary public.
11975 RCW Supp--p 3971
Chapter 42.28
42.28.060
42.28.070
42.28.090
Title ..i2:
Public Officers and Agencies
Seal or stamp must be affixed-Judicial papers
excepted.
Record of notices of protest.
Fees of notary-Collection of fees by public officers.
42.28.030 Bond, fee, seal or stamp, oath of office.
Before a commission shall issue to the person appointed
he shall---( I) execute a bond, payable to the state of
Washington, in the sum of one thousand dollars, with
sureties to be approved by the county clerk of the
county in which the applicant resides, conditioned for
the faithful discharge of the duties of his office; (2) pay
into the state treasury the sum of ten dollars for special
state library fund [state general fund], taking the treasurer's receipt therefor; (3) procure a seal or stamp, on
which shall be engraved or impressed the words "Notary Public" and "State of Washington'', and date of expiration of his commission, with surname in full, and at
least the initials of his Christian name; (4) to take and
subscribe the oath of office required of state officers; (5)
file the said oath of office, bond and treasurer's receipt
in the office of the secretary of state, and before performing any official acts, shall file in the office of the
secretary of state a clear impression of his official seal
or stamp, which seal or stamp shall be approved by the
governor: Provided, That if a stamp is used the following requirements shall apply:
(I) The type shall be a minimum of 8 point type.
(2) The stamp shall be two inches minimal tn
diameter.
(3) The imprint shall be affixed with indelible ink
only.
(4) The face of any notary stamp shall contain permanently affixed letters and numerals and shall not be
preprinted. [1975 1st ex.s. c 85 § I; 1890 p 473 § 3; RRS
§ 9901. Prior: Code 1881 § 2616; 1873 p 467 § 3; 1869 p
376 § 3; 1863 p 52 § 3; 1854 p 545 § 5.]
Reviser's note: Since the enactment of 1907 c 8 § 1 (RCW 43.79.010) the fee herein specified to be paid into the special state library
fund has been paid into the state general fund.
Official bonds: Chapter 42.08 RCW.
42.28.035 Rubber stamp may be used by notary public. Notwithstanding any other provision of law, any requirement that a notary public affix his seal or his
official seal shall be fully satisfied if such notary uses
instead a rubber stamp which complies with the requirements of RCW 42.28.030 as now or hereafter
amended. [1975 1st ex.s. c 85 § 5.]
42.28.060 Seal or stamp must be affixed-Judicial
papers excepted. It sha11 not be necessary for a notary
public in certifying an oath to be used in any of the
courts in this state, to append an impression of his official seal or stamp, but in all other cases when the notary public shall sign any instrument officially, he shall, in
addition to his name and the words "Notary Public",
add his place of residence and affix his official seal or
stamp. [1975 !st ex.s. c 85 § 2; 1890 p 474 § 5; RRS §
9904. Prior: Code 1881 § 2619; 1873 p 468 § 7; 1869 p
376 § 5; 1862 p 52 § 5.]
Corporate seals-Effect of absence from instrument: RCW
64.04.105.
[1975 RCW Supp----p 3981
42.28.070 Record of notices of protest. Every notary
public is required to keep a true record of all notices of
protest given or sent by him, with the time and manner
in which the same were given or sent, and the names of
all the parties to whom the same were given or sent,
with the copy of the instrument in relation to which the
notice is served, and of the notice itself; said record, or
a copy thereof, duly certified under the hand and seal
or stamp of the notary public, or county clerk having
the custody of the original record, shall be competent
evidence to prove the facts therein stated, but the same
may be contradicted by other competent evidence.
[1975 !st ex.s. c 85 § 3; 1890 p 474 § 6; RRS § 9905.
Prior: Code 1881 § 2620; 1877 p 254 § 7; 1873 p 469 §
8.]
Protests of bills of exchange: RCW 62A.3-501, 62A.3-502, 62A.3509, 62A.3-511.
42.28.090 Fees of notary--Collection of fees by
public officers. Notaries public may make but not exceed the following charges for their services:
Protest of a bill of exchange or promissory note. one
dollar;
Attesting any instrument of writing with or without
seal or stamp, one dollar;
Taking acknowledgment, two persons, with seal or
stamp, one dollar;
Taking acknowledgment, each person over two, fifty
cents;
Certifying affidavit, with or without seal or stamp,
one dollar;
Registering protest of bill of exchange or promissory
note for nonacceptance or nonpayment, fifty cents;
Being present at demand, tender, or deposit, and
noting the same, besides mileage at the rate of ten cents
per mile, fifty cents;
Noting a bill of exchange or promissory note, for
nonacceptance or nonpayment, fifty cents;
For copying any instrument or record, per folio, besides certificate and seal or stamp, fifteen cents.
All public officers who are paid a salary in lieu of fees
shall collect the prescribed fees for the use of the state
or county as the case may be. [ 1975 1st ex.s. c 85 § 4;
1951 c 51 § 7; 1907 c 56 § 1, part; RRS § 9907. Prior:
(i) 1903 c 151 § 1; 1893 c 130 § 1; Code 1881 § 2086;
1869 p 371 § 6; 1863 p 396; 1861 p 39; 1854 p 373. (ii)
1890 p 475 § 8; Code 1881 § 2622; 1877 p 254 § 9; 1873
p 469 § 10; 1869 p 375 § 2; 1863 p 501 § 2.]
Daily remittance of moneys to state treasurer required: RCW
43.01.050.
Disposition of fees: RCW 42.16.030.
Payment of fees to county treasurer: RCW 36.18.140.
Title 43
STATE GOVERNMENT-EXECUTIVE
Chapter
43.01 State officers-General provisions.
43.03 Salaries and expenses.
43.08 State treasurer.
43.03.015
Salaries And Expenses
43.09
43.10
43.17
43.19
43.21C
43.21D
43.21E
43.22
43.24
43.31
43.33
43.38
43.41
43.51
43.52
43.62
43.63A
43. 79
43.82
43.83
43.838
43.83G
43.84
43.85
43.88
43.91
43.96A
43.97
43.101
43.110
43.126
State auditor.
Attorney general.
Administrative departments and agencies-General provisions.
Department of general administration.
State environmental policy.
Electric power use-Emergency curtailment,
allocation.
Grass burning research advisory committee.
Department of labor and industries.
Department of motor vehicles.
Department of commerce and economic
development.
Finance committee-Investment advisory
committee.
Tax advisory council.
Director of program planning and fiscal
management.
Parks and recreation commission.
Operating agencies (Power commission).
Determination of populations--Student
enrollments.
Planning and community affairs.
State funds.
State agency housing.
Capital improvements.
Water supply facilities bond issue.
Social and health services facilities--1975
bond issue.
Investments and interfund loans.
State depositaries.
Budget and accounting.
Automobile pool.
World fair commission--Osaka exposition.
Columbia River Gorge commission.
Criminal justice training commission--Education and training standards boards.
Municipal research council.
Geographic names.
Chapter 43.01
STATE OFFICERS-GENERAL PROVISIONS
Sections
43.01.150
Power to employ or appoint personnel not to include
authority to provide state owned or leased motor
vehicle.
Actions against, defense by state: RCW 10.01.150.
43.01.150 Power to employ or appoint personnel not
to include authority to provide state owned or leased motor vehicle. Notwithstanding any other provision of law,
whenever any state· agency, institution of higher education, or other appointing authority is empowered to
employ or appoint administrators or other personnel
and to fix their compensation, such power, in the absence of a specific contrary statutory authorization to
~he agenc)'., institution of higher education, or appointmg authority, shall not extend to the power to provide a
state owned or leased motor vehicle for any use other
than official state business. [ 1975 1st ex.s. c 33 § 1.]
Providing motor vehicle transportation services for public employees:
RCW 43.19.560-43.19.635.
Chapter 43.03
SALARIES AND EXPENSES
Sections
43.03.010
43.03.015
Salaries of elective state officers.
Emoluments of office for appointees to office of state
legislator.
43.03.010 Salaries of elective state officers. The annual salaries of the following named state elected officials shall be: Governor, forty-two thousand one
hundred fifty dollars; lieutenant governor, seventeen
thousand eight hundred dollars plus a sum equal to
l/260th of the difference between the annual salary of
the lieutenant governor and the annual salary of the
governor for each day that the lieutenant governor is
called upon to perform the duties of the governor by
reason of the absence from the state, removal, resignation, death or disability of the governor; secretary of
state, twenty-one thousand four hundred dollars; state
treasurer, twenty-four thousand one hundred fifty dollars; state auditor, twenty-four thousand nine hundred
fifty dollars; attorney general, thirty-one thousand five
hundred dollars; superintendent of public instruction,
thirty-one thousand five hundred dollars; commissioner
of public lands, twenty-nine thousand two hundred
fifty dollars; state insurance commissioner, twenty-four
thousand fifty dollars; members of the legislature shall
receive for their service three thousand eight hundred
dollars per annum; and in addition, ten cents per mile
for travel to and from legislative sessions. [1975 1st ex.s.
c 263 § 1; 1974 ex.s. c 149 § 2 (Initiative Measure No.
282); 1967 ex.s. c 100 § 1; 1965 ex.s. c 127 § 4; 1965 c 8
§ 43.03.010. Prior: 1965 c 1 § 2; 1961 c 5 § 1; 1959 c
316 § 1; 1949 c 48 § 1; Rem. Supp. 1949 § 10965-1;
prior: 1947 c 79 § .02.04; 1945 c 116 § 1; 1939 c 226 §
1; 1925 ex.s. c 163 § 1; 1925 ex.s. c 90 § 1; 1919 c 124
§ § 1, 2; 1907 c 94 § 1.]
Severability-1975 1st ex.s. c 263: "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 263 § 7.)
Effective date--1975 1st ex.s. c 263: "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 263 §
8.)
Severability--1974 ex.s. c 149 (Initiative Measure No. 282): "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 prov1s10n to other persons or circumstances is not affected." (Initiative Measure No. 282 § 7.)
43.03.015 Emoluments of office for appointees to
office of state legislator.
Eligibility of member of legislature to appointment or election to
oflice of oflicial whose salary was increased during legislator's term:
RCW 3.58.010.
[1975 RCW Supp--p 399)
Title 43:
Chapter 43.08
State Government--Executive
Chapter 43.08
STATE TREASURER
Sections
43.08.061
Warrants--Public printer to print--Retention of redeemed warrants.
Actions against state on warrant appearing to be redeemed: RCW
4.92.200.
43.08.061 Warrants--Public printer to print-Retention of redeemed warrants. The public printer shall
print all state treasury warrants for distribution as directed by the state treasurer. All warrants redeemed by
the state treasurer shall be retained for a period of six
years, following their issuance, after which they may be
destroyed without regard to the requirements imposed
for their destruction by chapter 40.14 RCW. [ 1975 c 48
§ 2.)
Actions against state on redeemed warrants, time limitation: RCW
4.92.200.
Chapter 43.09
STATE AUDITOR
Sections
43.09.310
43.09.310
DEPARTMENTAL AUDITS
Post-audit of state departments--Periodic audits-Reports--Filing (as amended by 1975 !st ex.s. c
193).
Post-audit of state departments--Periodic audits-Reports--Filing (as amended by 1975 1st ex.s. c
293).
Studies and adoption of classifications for school district budgets-Publication: RCW 28A.03.350.
DEPARTMENTAL AUDITS
43.09.310 Post-audit of state departments-Periodic auditsReports--Filing (as amended by 1975 1st ex.s. c 193). The state auditor, through the division of departmental audits, shall make a postaudit of every state department at such reasonable periodic intervals
as he shall determine but in each case an audit shall be conducted
every two years: Provided, That for any state department whose biennial appropriation is less than six hund~ed thousand dollars, such
interval may exceed two years, but shall not exceed five years. A report of each post-audit upon completion thereof, shall be made in
sextuplet, and one copy shall be transmitted to the governor, one to
the director of the office of program planning and fiscal management,
one to the attorney general, one to the state department audited, one
to the legislative budget committee, and one shall be kept on file in
the office of the state auditor. (1975 !st ex.s. c 193 § I; 1971 ex.s. c
170 § 2; 1965 c 8 § 43.09.310. Prior: 1947 c 114 §I; 1941c196 § 3;
Rem. Supp. 1947 § 11018-3.)
43.09.310 Post-audit of state departments-Periodic auditsReports--Filing (as amended by 1975 1st ex.s. c 293). The state auditor, through the division of departmental audits, shall make a postaudit of every state department at such reasonable periodic intervals
as he shall determine but in each case an audit shall be conducted
every two years. A report shall be made of each post-audit upon
completion thereof, and one copy shall be transmitted to the governor, one to the director of the office of program planning and fiscal
management, one to the attorney general, one to the state department
audited. one to the legislative budget committee, one each to the
standing committees on ways and means of the house and senate, one
to the chief clerk of the house, one to the secretary of the senate, and
at least one shall be kept on file in the office of the state auditor. [ 1975
1st ex.s. c 293 § I; 1971 ex.s. c 170 § 2; 1965 c 8 § 43.09.310. Prior:
1947 c 114 § 1; 1941 c 196 § 3; Rem. Supp. 1947 § 11018-3.)
(1975 RCW Supp---p 4001
Reviser's note: RCW 43.09.310 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--1975 1st ex.s. c 293: See RCW 43.88.902.
Effective date--1975 1st ex.s. c 293: See RCW 43.88.910.
Severability--1971 ex.s. c 170: See note following RCW
43.09.050.
Reports of post-audits: RCW 43.88.160(3).
Chapter 43.10
ATTORNEY GENERAL
Sections
43.10.030
General powers and duties.
Criminal charges arising from official acts of state officers or employees--Defense: RCW 10.01.150.
43.10.030 General powers and duties. The attorney
general shall:
(1) Appear for and represent the state before the supreme court or the court of appeals in all cases in which
the state is interested;
(2) Institute and prosecute all actions and proceedings for, or for the use of the state, which may be necessary in the execution of the duties of any state officer;
(3) Defend all actions and proceedings against any
state officer or employee acting in his official capacity,
in any of the courts of this state or the United States;
(4) Consult with and advise the several prosecuting
attorneys in matters relating to the duties of their office,
and when the interests of the state require, he shall attend the trial of any person accused of a crime, and assist in the prosecution;
(5) Consult with and advise the governor, members of
the legislature, and other state officers, and when requested, give written opinions upon all constitutional or
legal questions relating to the duties of such officers;
(6) Prepare proper drafts of contracts and other instruments relating to subjects in which the state is
interested;
(7) Give written opinions, when requested by either
branch of the legislature, or any committee thereof,
upon constitutional or legal questions;
(8) Enforce the proper application of funds appropriated for the public institutions of the state, and prosecute corporations for failure or refusal to make the
reports required by law;
(9) Keep in proper books a record of all cases prosecuted or defended by him, on behalf of the state or its
officers, and of all proceedings had in relation thereto,
and deliver the same to his successor in office;
( 10) Keep books in which he shall record all the official opinions given by him during his term of office, and
deliver the same to his successor in office;
(11) Pay into the state treasury all moneys received
by him for the use of the state. [1975 c 40 § 5; 1971c81
§ 109; 1965 c 8 § 43.10.030. Prior: (i) 1929 c 92 § 3;
RRS § 112. (ii) 1929 c 92 § 4; RRS § 11032; prior: 1891
c 55 § 2; 1888 p 8 § 6.)
Department of General Administration
Chapter 43.17
ADMINISTRATIVE DEPARTMENTS AND
AGENCIES-GENERAL PROVISIONS
Sections
43.17.080
43.17.100
43.19.630
Repealed. See supple-
mentary Table of Disposition of Former RCW Sections,
this volume.
43.17 .100
Official bonds. Before entering upon the
discharge of the duties of his office or employment, every appointive state officer and employee of the state
shall give a surety bond, payable to the state, in such
sum as is provided by law or in such sum as shall be
deemed necessary by the director of the department of
general administration, conditioned for the faithful performance of the duties of the office or employment, and
accounting for all property of the state that shall come
into his possession by virtue of his office or employment, which bond shall be approved as to form by the
attorney general and shall be filed in the office of the
secretary of state. [1975 c 40 § 6; 1965 c 8 § 43.17.100.
Prior: 1921 c 7 § 16; RRS § 10774.)
Offlcial bonds: Chapter 42.08 RCW.
Powers and duties of director of general administration as to offlcial
bonds: RCW 43.19.540.
Chapter 43.19
DEPARTMENT OF GENERAL ADMINISTRATION
43.19.030
43.19.1925
43.19.1935
43.19.540
43.19.560
43.19.565
43.19.570
43.19.575
43.19.580
43.19.585
43.19.590
43.19.595
43.19.600
43.19.605
43.19.610
43.19.620
43.19.625
through 43.17.090 Repealed.
Official bonds.
43.17.080 through 43.17.090
Sections
43.19.010
43.19.615
Divisions of department--Authority and salary of
director.
Oath and bond of examiners--Liability for acts performed in good faith.
Combined purchases of commonly used items--Advance payments by state agencies--Costs of operating central stores.
Insurance, public official bonds, procurement.
Bonds of state officers and employees--Fixing
amount--Additional bonds--Exemptions-Duties of director.
Motor vehicle transportation service--Definitions.
Motor vehicle transportation service--Powers and
duties.
Motor vehicle transportation service--Responsibilities--Agreements with other agencies--Facilities.
Passenger motor vehicles owned or operated by state
agencies--Duty of OPPFM to establish policies as
to acquisition, operation, authorized use, etc.
Motor vehicle transportation service--Automotive
policy board--Members--Officers--Powers and
duties.
Motor vehicle transportation service--Supervisor of
motor transport--Powers and duties.
Motor vehi~le transportation service--Transfer of employees--Retention of employment rights.
Motor vehicle transportation service--Transfer of motor vehicles, property, etc., from motor pool to
department.
Motor vehicle transportation service--Transfer of passenger motor vehicles to department from other agencies--Studies.
Motor vehicle transportation service--Reimbursement
for property transferred--Credi ts--Accoun ting--Disputes.
Motor vehicle transportation service--Motor transport
account--Created--Sources--Disbursements.
43.19.635
43.19.1925
Motor vehicle transportation service--Deposits-Disbursements.
Motor vehicle transportation service--Rules and
regulations.
Employee commuting in state owned or leased vehicle--Policies and regulations.
Motor vehicle transportation service--Use of personal
motor vehicle.
Motor vehicle transportation service--Unauthorized
use of state vehicles--Procedure--Disciplinary
action.
43.19.010 Divisions of department--Authority and
salary of director. The department of general administration shall be organized into divisions, which shall include (I) the division of banking, (2) the division of
savings and loan associations, (3) the division of capitol
buildings, (4) the division of purchasing, (5) the division
of engineering and architecture, and [(6)] the division of
motor vehicle transportation service.
The director of general administration shall have
charge and general supervision of the department. He
may appoint and deputize such clerical and other assistants as may be necessary for the general administration of the department. The director of general
administration shall receive a salary in an amount fixed
by the governor. [ 1975 l st ex.s. c 167 § l; 1965 c 8 §
43.19.010. Prior: 1959 c 301 § l; 1955 c 285 § 4; 1955 c
195 § 6; 1935 c 176 § 11; prior: 1909 c 38 §§ 1-7; 1907
c 166 §§ 3-5; 1901 c 119 §§ 1-9; RRS § 10786-10.)
Severability--1975 1st ex.s. c 167: "If any provision of this 1975
amendatory act, or its application to any person or circumstance is
held invalid, the remainder of this 1975 amendatory act, or the application of the provision to other persons or circumstances is not affected." [1975 1st ex.s. c 167 § 20.]
43.19.030 Oath and bond of examiners--Liability
for acts performed in good faith. Before entering upon
his office each bank examiner shall take and subscribe
an oath faithfully to discharge the duties of his office
and shall each execute to the state a bond to be approved by the governor in such sum as may be deemed
necessary by the director of the department of general
administration, with a surety company authorized to do
business in this state, as surety, conditioned for the
faithful performance of his duties. The premiums on
such bonds shall be paid by the state.
Oaths and bonds shall be filed with the secretary of
state.
Neither the supervisor of banking, any deputy supervisor, nor any bank examiner shall be personally liable
for any act done by him in good faith in the performance of his duties. [1975 c 40 § 7; 1965 c 8 § 43.19.030. Prior: 1943 c 217 § I; 1919 c 209 § 3; 1917 c 80 §
3; Rem. Supp. 1943 § 3210.)
Powers and duties of director of general administration as to offlcial
bonds: RCW 43.19.540.
43.19.1925 Combined purchases of commonly used
items--Advance payments by state agencies--Costs
of operating central stores. To supply such funds as may
be necessary for making combined purchases of items
or services of common use by central stores, state agencies shall, upon request of the division of purchasing,
from time to time, make advance payments into the
(1975 RCW Supp--p 4011
·B.19.1925
Title 43:
State Government--Executive
central stores revolving fund from funds regularly appropriated to them for the procurement of supplies.
equipment, and services: Provided, That advance payment for services shall be on a quarterly basis: Provided
further, That any person, firm or corporation other than
central stores rendering services for which advance
payments are made shall deposit cash or furnish surety
bond coverage to the state in an amount as shall be
fixed by law, or if not fixed by law, then in such
amounts as shall be fixed by the director of the department of general administration. Any such bond so furnished shall be conditioned that the person, firm or
corporation receiving the advance payment will apply it
toward performance of the contract. Funds so advanced
to central stores shall be used only for the combined
procurement, storage, and delivery of such stocks of
supplies, equipment, and services as are requisitioned
by the agency and shall be offset and repaid to the respective state agencies by an equivalent value in merchandise supplied and charged out from time to time
from central stores. Costs of operation of central stores
may be recovered by charging as part of the value of
materials, supplies, or services an amount sufficient to
cover the costs of operating central stores. [l 975 c 40 §
8; 1973 c 104 § 2; 1965 c 8 § 43.19.1925. Prior: 1959 c
178 § 13.]
Powers and duties of director of general administration as to official
bonds: RCW 43.19.540.
43.19.1935 Insurance, public official bonds, procurement. As a means of providing for the procurement of
insurance and public official bonds on a volume rate
basis, the director of general administration through the
division of purchasing shall purchase or contract for the
needs of state agencies in relation to all such insurance
and public official bonds: Provided, That the individual
public official bonds of elected state officials, insurance
requirements of colleges and universities, insurance requirements of toll project agencies, and insurance covering proprietary activities of,state agencies, other than
motor vehicle coverage, may be procured directly and
independently by them. Insurance in force shall be reported periodically under rules established by the
director.
The amounts of insurance or surety bond coverage
shall be as fixed by law, or if not fixed by law, such
amounts shall be as fixed by the director of the department of general administration.
The premium cost for insurance acquired and surety
bonds furnished shall be paid from appropriations
made to the state agency or agencies for which procurement is made, and all vouchers drawn in payment
therefor shall bear the written approval of the division
of purchasing prior to the issuance of the state warrant
in payment therefor. [ 1975 c 40 § 9; 1965 c 8 § 43.19.1935. Prior: 1959 c 178 § 18.]
Powers and duties of director of general administration as to official
bonds: RCW 43.19.540.
11975 RCW Supp---p 4021
43.19.540 Bonds of state officers and employees-Fixing amount--Additional bonds--Exemptions-Duties of director. In addition to other powers and duties prescribed by this chapter, the director shall:
(1) Fix the amount of bond to be given by each appointive state officer and each employee of the state in
all cases where it is not fixed by law;
(2) Require the giving of an additional bond, or a
bond in a greater amount than provided by law, in all
cases where in his judgment the statutory bond is not
sufficient in amount to cover the liabilities of the officer
or employee;
(3) Exempt subordinate employees from giving bond
when in his judgment their powers and duties are such
as not to require a bond. [ 1975 c 40 § 13.]
43.19.560 Motor vehicle transportation service-Definitions. As used in RCW 43.19.565 through 43.19.635, 43.41.130 and 43.41.140, the following definitions
shall apply:
(1) "Passenger motor vehicle" means any sedan, station wagon, bus, or light truck which is designed for
carrying ten passengers or less and is used primarily for
the transportation of persons;
(2) "State agency" shall include any state office,
agency, commission, department, or institution financed
in whole or in part from funds appropriated by the legislature. It shall also include the state printer, but it
shall not include (a) the state supreme court or any
agency of the judicial branch or (b) the legislature or
any of its statutory, standing, special, or interim committees, other than at the option of the judicial or legislative agency or committee concerned;
(3) "Employee commuting" shall mean travel by a
state officer or employee to or from his or her official
residence or other domicile to or from his or her official
duty station or other place of work;
(4) "Motor vehicle transportation services" shall include but not be limited to the furnishing of motor vehicles for the transportation of persons or property,
with or without drivers, and may also include furnishing
of mamtenance, storage, and other support services to
state agencies for the conduct of official state business.
[1975 1st ex.s. c 167 § 2.]
Severability--1975 1st ex.s. c 167: See note following RCW
43.19.010.
Power .to appoint or employ personnel does not include power to
provide state owned or leased vehicle: RCW 43.01.150.
43.19.565 Motor vehicle transportation servicePowers and duties. The department of general administrati.on sh~ll ~stablish a motor vehicle transportation
service which is hereby empowered to (1) provide suitable motor ~ehicle transportation services to any state
agen~~ .on either a temporary or permanent basis upon
requ~sitlon from a state agency and upon such demonstrat~on of need as the department may require; (2)
provide motor pools for the use of state agencies located in the Olympia and Seattle areas and such additional
motor pools at other locations in the state as may be
necessary to provide economic, efficient, and effective
motor vehicle transportation services to state agencies.
Department of General Administration
Such additional motor pools may be under either the
direct control of the department or under the supervision of another state agency by agreement with the department; (3) establish an equitable schedule of rental
and mileage charges to agencies for motor vehicle
transportation services furnished which shall be designed to provide funds to cover replacement of vehicles
and to recover the actual total costs of motor pool operations including but not limited to vehicle operation
expense, depreciation expense, overhead, and
nonrecoverable collision or other damage to vehicles.
Additions to capital such as the purchase of additional
vehicles shall be budgeted and purchased from funds
appropriated for such purposes under such procedures
as may be provided by law. [1975 1st ex.s. c 167 § 3.]
Severability--1975 1st ex.s. c 167: See note following RCW
43.19.010.
43.19.595
empowered to select its own chairman, vice chairman,
and any other necessary officers by majority vote and to
make rules and regulations for the orderly conduct of
business. The board shall approve all state-wide policies relating to passenger motor vehicle acquisition, utilization, and disposition and shall perform such
additional functions as may be directed by law. The
board shall also arbitrate and decide by majority vote
the issue in any case of a dispute over the economic
justification and benefits to be gained by the transfer to
a state motor pool of passenger motor vehicles owned
or operated by a state agency pursuant to RCW
43.19.600(3). Any necessary staff support and administrative services required by the board shall be furnished
by the department of general administration. [1975 1st
ex.s. c 167 § 6.]
Severability-1975 1st ex.s. c 167: See note following RCW
43.19.010.
43.19.570 Motor vehicle transportation service-Responsibilities--Agreements with other agencies-Facilities. ( 1) The department shall direct and be responsible for the acquisition, operation, maintenance,
storage, repair, and replacement of state motor vehicles
under its control. The department shall utilize state facilities available for the maintenance, repair, and storage of such motor vehicles, and may provide directly or
by contract for the maintenance, repair, and servicing
of all motor vehicles, and other property related thereto
and under its control;
(2) The department may arrange, by agreement with
agencies, for the utilization by one of the storage, repair, or maintenance facilities of another, with such
provision for charges and credits as may be agreed
upon. Any such agreement shall be subject to the approval of the automotive policy board established pursuant to RCW 43.19.580. The department may acquire
and maintain storage, repair, and maintenance facilities
for the motor vehicles under its control from such funds
as may be appropriated by the legislature. [1975 1st
ex.s. c 167 § 4.]
Severability--1975 1st ex.s. c 167: See note following RCW
43.19.010.
43.19.575 Passenger motor vehicles owned or operated by state agencies--Duty of OPPFM to establish
policies as to acquisition, operation, authorized use, etc.
See RCW 43.41.130.
43.19.580 Motor vehicle transportation service-Automotive policy board--Members--Oflicers-Powers and duties. There is hereby established an automotive policy board consisting of the governor, the
commissioner of public lands, the state attorney general, the secretary of the department of social and health
services, the director of the department of motor vehicles, and a representative of four-year institutions of
higher education to be designated by a majority vote of
the presidents of such institutions. The governor, the
commissioner of public lands and the attorney general
are each authorized to designate a member of their
agency's staffs to serve on the board as their alternates
when they are unable to attend. The board shall be
43.19.585 Motor vehicle transportation service-Supervisor of motor transport--Powers and duties.
The director of general administration shall appoint a
supervisor of motor transport, who shall have general
charge and supervision of state motor pools and motor
vehicle transportation services under departmental administration and control. The appointment of all personnel, except the supervisor, shall be made pursuant to
chapter 41.06 RCW, the state civil service law, as now
or hereafter amended.
With the approval of the director, the supervisor shall
(1) appoint and employ such assistants and personnel as
may be necessary, (2) acquire by purchase or otherwise
a sufficient number of motor vehicles to fulfill state
agency needs for motor vehicle transportation service,
(3) provide for necessary storage, upkeep, and repair,
and (4) provide for servicing motor pool vehicles with
fuel, lubricants, and other operating requirements. [ 1975
1st ex.s. c 167 § 7.]
Severability--1975 1st ex.s. c 167: See note following RCW
43.19.010.
43.19.590 Motor vehicle transportation service-Transfer of employees--Retention of employment
rights. All employees of any state agency who are employed exclusively or principally in performing the
powers, duties, and functions transferred pursuant to
RCW 43.19.595 through 43.19.610 to the department of
general administration shall, upon such transfer to employment with the department of general administration, continue to be governed by the provisions of
chapter 41.06 RCW, the state civil service law, as now
or hereafter amended, and shall automatically retain
their permanent or probationary status together with all
rights, privileges, and immunities attaching thereto.
[1975 1st ex.s. c 167 § 8.]
Severability--1975 1st ex.s. c 167: See note following RCW
43.19.010.
43.19.595 Motor vehicle transportation service-Transfer of motor vehicles, property, etc., from motor
pool to department. All passenger motor vehicles, property, facilities, equipment, credits, funds, and all other
(1975 RCW Supp--p 403)
43.19.595
Title 43:
State Government--Executive
assets and obligations of the automobile pool and pertaining to passenger motor vehicles currently operated
by the department of highways and funded by that
portion of the highway equipment fund known as "District No. 8 (Motor Pool)" shall be transferred to the department of general administration on July I, 1975. The
director of general administration may accept such
property prior thereto if he deems it expedient to accomplish an orderly transition. [1975 1st ex.s. c 167 § 9.]
Severability--1975 1st ex.s. c 167: See note following RCW
43.19.010.
43.19.600 Motor vehicle transportation serviceTransfer of passenger motor vehicles to department from
other agencies--Studies. (I) On or after July 1, 1975,
any passenger motor vehicles currently owned or hereafter acquired by any state agency, except vehicles acquired from federal granted funds and over which the
federal government retains jurisdiction and control,
may be purchased by or transferred to the department
of general administration with the consent of the state
agency concerned. The director of general administration may accept vehicles subject to the provisions of
RCW 43.19.560 through 43.19.630, 43.41.130 and 43.41.140 prior to July I, 1975, ifhe deems it expedient to
accomplish an orderly transition.
(2) The department. in cooperation with the office of
program planning and fiscal management, shall study
and ascertain current and prospective needs of state
agencies for passenger motor vehicles and shall recommend transfer to a state motor pool or other appropriate disposition of any vehicle found not to be required
by a state agency.
(3) The automotive policy board shall direct the
transfer of passenger motor vehicles from a state agency
to a state motor pool or other disposition as appropriate. based on a study under subsection (2) of this section, or after a public hearing if a finding is made based
on testimony and data therein submitted that the economy. efficiency, or effectiveness of state government
would be improved by such a transfer or other disposition of passenger motor vehicles. Any dispute over the
accuracy of testimony and data submitted as to the
benefits in state governmental economy, efficiency, and
effectiveness to be gained by such transfer shall be resolved by a majority vote of the automotive policy
board established by RCW 43.19.580. [ 1975 1st ex.s. c
167 § 10.]
Severability--1975 1st ex.s. c 167: See note following RCW
43.19.010.
43.19.605 Motor vehicle transportation serviceReimbursement for property transferred--Credits-Accounting--Disputes. No cash reimbursement shall
be made to agencies for property transferred under
RCW 43.19.600 to the extent that such property was
originally acquired without cost or was purchased from
general fund appropriations. The value of such property
shall be entered upon the accounts of the motor transport account as an amount due the agency from which
the vehicle was transferred. For such property purchased from dedicated, revolving. or trust funds, the
(1975 RCW
Sup~
404)
value at the time of transfer shall also be entered upon
the accounts of the motor transport account as an
amount due the agency and fund from which the vehicle transferred was purchased and maintained. If surplus funds are available in the motor transport account.
the agency may be paid all or part of the amount due to
the dedicated, revolving, or trust fund concerned. Otherwise, the credit for the amount due shall be applied
proportionately over the remaining undepreciated life of
such property. The prorated credits shall be applied
monthly by the director of general administration
against any monthly or other charges for motor vehicle
transportation services rendered the agency.
To the extent surplus funds are available in the motor
transport account, the automotive policy board may direct a cash reimbursement to a dedicated, revolving, or
trust fund where an amount due such a fund will not be
charged off to services rendered by the department of
general administration within a reasonable time.
Any disagreement between the supervisor of motor
transport and an agency as to the amount of reimbursement to which it may be entitled shall be resolved
by the director of general administration with the advice and consent of the automotive policy board. [ 1975
!st ex.s. c 167 § 11.]
Severability--1975 1st ex.s. c 167: See note following RCW
43.19.010.
43.19.610 Motor vehicle transportation service-Motor transport account--Created--Sources-Disbursements. There is hereby established in the general fund of the state treasury an account to be known
as the motor transport account into which shall be paid
all moneys, funds, proceeds, and receipts as provided in
RCW 43.19.615 and as may otherwise be provided by
law. Disbursements therefrom shall be made in accordance with the provisions of RCW 43.19.560 through 43.19.630, 43.41.130 and 43.41.140 as authorized by the
director or his duly authorized representative and as
may be provided by law. [1975 1st ex.s. c 167 § 12.]
Severability--1975 1st ex.s. c 167: See note following RCW
43.19.010.
43.19.615 Motor vehicle transportation serviceDeposits--Disbursements. The director of general administration shall deposit in the motor transport account all receipts, including the initial transfer of
automobile pool capital from the highway equipment
fund and any other funds transferred, rentals or other
fees and charges for transportation services furnished,
proceeds from the sale of surplus or replaced property
under the control of the supervisor of motor transport
~nd other i~come, and from which shall be paid operating costs, mcluding salaries and wages, administrative
expense, overhead, the cost of replacement vehicles, additional passenger vehicles authorized pursuant to
RCW 43.19.565, and any other expenses. If it is necessary at any time for the department to request any appropriation from the general fund or various dedicated,
revolving, or trust funds to purchase additional vehicles,
any appropriation therefor may provide that such advance shall be repaid together with reasonable interest
Electric Power--Emergency Curtailment, Allocation 43.210.010 through 43.210.910
from surpluses of the motor transport account. [ 1975 I st
ex.s. c 167 § 13.]
Severability-1975 1st ex.s. c 167: See note following RCW
43.19.010.
43.19.620 Motor vehicle transportation serviceRules and regulations. The director of general administration, through the supervisor of motor transport, shall
adopt, promulgate, and enforce such regulations as may
be deemed necessary to accomplish the purpose of
RCW 43.19.560 through 43.19.630, 43.41.130 and 43.41.140. Such regulations, in addition to other matters,
shall provide authority for any agency director or his
delegate to approve the use on official state business of
personally owned or commercially owned rental passenger motor vehicles. Before such an authorization is
made, it must first be reasonably determined that state
owned passenger vehicles or other suitable transportation is not available at the time or location required or
that the use of such other transportation would not be
conducive to the economical, efficient, and effective
conduct of business.
Such regulations shall be consistent with and shall
carry out the objectives of the general policies and
guidelines adopted by the office of program planning
and fiscal management pursuant to RCW 43.41.130, after approval by the automotive policy board. [ 1975 I st
ex.s. c 167 § 14.]
such use, including an opportunity for notice and hearing for the employee involved. When such illegal use is
so established, the agency shall assess its full cost of any
mileage illegally used and shall recover such amounts
by deductions from salary or allowances due to be paid
to the offending official or employee by other means.
Recovery of costs by the state under this subsection
shall not preclude disciplinary or other action by the
appropriate appointing authority or employing agency
under subsection (2) of this section.
(2) Any wilful and knowing violation of any provision of RCW 43.19.560 through 43.19.620, 43.41.130
and 43.41.140 shall subject the state official or employee
committing such violation to disciplinary action by the
appropriate appointing or employing agency. Su~h ~is­
ciplinary action may include, but shall not be hrruted
to, suspension without pay, or termination of employment in the case of repeated violations.
(3) Any casual or inadvertent violation of RCW 43.19.560 through 43.19.620, 43.41.130 and 43.41.140 may
subject the state official or employee committing such
violation to disciplinary action by the appropriate appointing authority or employing agency. Sue~ ~iscipli­
nary action may include, but need not be hm1ted to,
suspension without pay. [1975 1st ex.s. c 167 § 17.]
Severability-1975 1st ex.s. c 167: See note following RCW
43.19.010.
Severability-1975 1st ex.s. c 167: See note following RCW
43.19.010.
43.19.625 Employee commuting in state owned or
leased vehicle-Policies and regulations. See RCW
43.41.140.
43.19.630 Motor vehicle transportation serviceUse of personal motor vehicle. RCW 43.19.560 through
43.19.620, 43.41.130 and 43.41.140 shall not be construed to prohibit a state officer or employee from using
his personal motor vehicle on state business and being
reimbursed therefor, where permitted under state travel
policies, rules, and regulations promulgated by the
office of program planning and fiscal management after
concurrence of the automotive policy board, and where
such use is in the interest of economic, efficient, and effective management and performance of official state
business. [1975 1st ex.s. c 167 § 16.]
Severability-1975 1st ex.s. c 167: See note following RCW
43.19.010.
43.19.635 Motor vehicle transportation serviceUnauthorized use of state vehicles--ProcedureDisciplinary action. (I) The governor, acting through the
department of general administration and any other
appropriate agency or agencies as he may direct, is empowered to utilize all reasonable means for detecting
the unauthorized use of state owned motor vehicles, including the execution of agreements with the state patrol for compliance enforcement. Whenever such illegal
use is discovered which involves a state employee, the
employing agency shall proceed as provided by law to
establish the amount, extent, and dollar value of any
Chapter 43.21C
STATE ENVIRONMENTAL POLICY
Sections
43.21C.150 RCW 43.21C.030(2)(c) inapplicable when statement previously prepared pursuant to national environmental
policy act.
43.21C.150 RCW 43.21C.030(2)(c) inapplicable when
statement previously prepared pursuant to national environmental policy act. The requirements of RCW
43.21C.030(2)(c) pertaining to the preparation of a detailed statement by branches of government shall not
apply when an adequate detailed statement has been
previously prepared pursuant to the national environmental policy act of 1969, in which event said prepared
statement may be utilized in lieu of a separately prepared statement under RCW 43.21C.030(2)(c). [1975 1st
ex.s. c 206 § 1; 1974 ex.s. c 179 § 12.]
Chapter 43.210
ELECTRIC POWER USE-EMERGENCY
CURTAILMENT, ALLOCATION
Sections
43.21D.010 through 43.210.910 Expired.
43.210.010 through 43.210.910 Expired. See Supplementary Table of Disposition of Former RCW Sections, this volume.
[1975 RCW Supp--p 4051
Chapter 43.2IE
Title 43:
State Government--Executive
Chapter 43.21E
GRASS BLJRl\ING RESEARCH ADVISORY
COMMITTEE
Sections
43.2IE.OIO
43.21 E.020
43.21E.030
43.21 E.900
43.21E.910
Committee created-Members.
Duties of committee.
Travel and per diem.
Termination and dissolution of committee.
Severabilitv-1975 !st ex.s. c 44.
Grass burning permits, etc.: RCW 70.94.650-70.94.656.
43.21E.010 Committee created--Members. Within
thirty days of May 15, 1975 the director of the
Washington state department of ecology shall appoint a
grass burning research advisory committee consisting of
five voting members.
Two members shall be grass growers selected from
the area of the state east of the Cascade mountain
range, one representing irrigated and one representing
dryland growing areas. One member shall be a grass
grower selected from the area of the state west of the
Cascade mountain range. One member shall be a representative of the Washington state department of agriculture, and one member shall represent the public, and
may be selected at large. The committee shall select its
own chairman. The state department of ecology shall
provide an ex officio, nonvoting member to the committee to act as secretary. [1975 1st ex.s. c 44 § I.]
43.21E.020 Duties of committee. The grass burning
research advisory committee as provided for in RCW
43 .21E.010 shall solicit and review research proposals
for reducing or to develop alternates to open burning of
grass fields. The committee shall advise and make recommendations to the director of the Washington state
department of ecology regarding research priorities and
the expenditure of mandatory research permit fees and
such other grass burning research funds that may be
provided by the legislature or from any other sources.
[1975 Jst ex.s. c 44 § 2.]
43.21E.030 Travel and per diem. Travel and per
diem expenses shall be paid to the grass burning research advisory committee members not otherwise employed by the state for meetings called by the director
of the department of ecology at the same rate that
would otherwise apply to state employees under chapter
43.03 RCW upon vouchers approved by said director
and paid from funds budgeted for operation purposes
of the state department of ecology. [1975 1st ex.s. c 44 §
3.]
43.21E.900 Termination and dissolution of committee. It is the intent and purpose of this chapter that as
soon as an alternative means of grass burning is developed for the state. or by January l, 1980, whichever is
sooner the grass burning research advisory committee
shall be dissolved and its actions terminated, and the
director of the state department of ecology shall see
that such purpose is so carried out. [1975 1st ex.s. c 44 §
4.]
(1975 RCW Supp--p 4061
43.21E.910 Severability--1975 1st cx.s. c 44. 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 is not affected. [ 1975 I st ex.s. c
44 § 6.]
Chapter 43.22
DEPARTMENT OF LABOR AND INDUSTRIES
Sections
43.22.260
43.22.270
43.22.500
43.22.505
Supervisor of industrial relations-AppointmentPersonnel.
Powers and duties.
Printing and distribution of publications-Revolving
fund-Fees.
Printing and distribution of publications-Authorized
subject matters.
43.22.260 Supervisor of industrial relations--Appointment--Personnel. The director of labor and industries shall appoint and deputize an assistant director,
to be known as the supervisor of industrial relations,
who shall have charge and supervision of the division of
industrial relations.
With the approval of the director, he may appoint an
assistant to be known as the industrial statistician, and
an assistant to be known as the supervisor of employment standards and may appoint and employ experts,
clerks, and other assistants as may be necessary to carry
on the work of the division. [I 975 I st ex.s. c 296 § 3 I;
1973 2nd ex.s. c 16 §II; 1973 1st ex.s. c 154 § 82; 1965
c 8 § 43.22.260. Prior: 1921 c 7 § 77; RRS § 10835.]
Effective date-1975 2nd ex.s. c 5: See RCW 41.58.901.
Severability--1973 2nd ex.s. c 16: See RCW 49.12.900.
Severability--1973 1st ex.s. c 154: See note following RCW
2.12.030.
43.22.270 Powers and duties. The director of labor
and industries shall have the power, and it shall be his
duty, through and by means of the division of industrial
relations:
(I) To study and keep in touch with problems of industrial relations and, from time to time, make public
reports and recommendations to the legislature;
(2) To, with the assistance of the industrial statistician, exercise all the powers and perform all the duties
in relation to collecting, assorting, and systematizing
statistical details relating to labor within the state, now
vested in, and required to be performed by, the secretary of state, and to report to, and file with, the secretary of state duly certified copies of the statistical
information collected, assorted, systematized, and compiled, and in collecting, assorting, and systematizing
such statistical information to, as far as possible, conform to the plans and reports of the United States department of labor;
(3) To, with the assistance of the industrial statistician, make such special investigations and collect such
special statistical information as may be needed for use
by the department or division of the state government
having need of industrial statistics;
Department of Motor Vehicles
(4) To, with the assistance of the supervisor of employment standards, supervise the administration and
enforcement of all laws respecting the employment and
relating to the health, sanitary conditions, surroundings,
hours of labor, and wages of employees employed in
business and industry in accordance with the provisions
of chapter 49.12 RCW;
(5) To exercise all the powers and perform all the
duties, not specifically assigned to any other division of
the department of labor and industries, now vested in,
and required to be performed by, the commissioner of
labor;
(6) To exercise such other powers and perform such
other duties as may be provided by law. [ 1975 I st ex.s. c
296 § 32; 1973 2nd ex.s. c 16 § 12; 1973 1st ex.s. c 154 §
83; 1965 c 8 § 43.22.270. Prior: 1921 c 7 § 81; RRS
10839.]
Effective date---1975 2nd ex.s. c 5: See RCW 41.58.901.
Severability--1973 2nd ex.s. c 16: See RCW 49.12.900.
Severability--1973 1st ex.s. c 154: See note following RCW
2.12.030.
Apprenticeships: Chapter 49.04 RCW.
Arbitration of disputes: Chapter 49.08 RCW.
Public employees' collective bargaining, arbitration of disputes: RCW
41.56.100.
Public employment labor relations: Chapter 41.58 RCW.
Wage collection for aggrieved employees: RCW 49.48.040.
43.22.500 Printing and distribution of publications--Revolving fund--Fees. There is hereby created within the state treasury a revolving fund to be
known as the "department of labor and industries revolving fund", which shall be used by the director of
the department of labor and industries to defray the
costs of printing, reprinting, or distributing printed
matter issued by the department of labor and industries
including, but not limited to, the matters listed in RCW
43.22.505. The department of labor and industries may
charge a fee for such publications in an amount which
will reimburse the department for the costs of printing,
reprinting, and distributing such publications: Provided,
That every person subject to regulation by the department may upon request receive without charge one
copy of any publication printed pursuant to RCW 43.22.505 whenever such person is affected by any statute,
rule or regulation printed therein. All fees collected
shall be deposited in the department of labor and industries revolving fund. In order to maintain an effective expenditure and revenue control the department of
labor and industries revolving fund shall be subject in
all respects to chapter 43.88 RCW but no appropriation
shall be required tq permit expenditures and payment
of obligations from such fund. [1975 1st ex.s. c 123 § l.]
43.22.505 Printing and distribution of publications--Authorized subject matters. The department of
labor and industries is specifically authorized to print,
reprint, and distribute subject matter including but not
limited to the following:
(1) The provisions of Title 51 RCW;
(2) The provisions of Title 49 RCW;
(3) The provisions of chapter 7.68 RCW;
(4) The provisions of chapter 88.16 RCW;
43.24.085
(5) The provisions of chapter 19.28 RCW;
(6) The provisions of chapter 43.22 RCW;
(7) The provisions of chapter 41.56 RCW;
(8) The provisions of chapter 49.66 RCW;
(9) The provisions of chapter 70.79 RCW;
(10) The provisions of chapter 70.74 RCW;
( 11) The provisions of chapter 70.87 RCW;
(12) The provisions of all other statutes administered
by the department or such statutes as have a relationship to the functions and obligations of the department;
and
(13) The rules and regulations of the department of
labor and industries, the state apprenticeship council,
the state board of pilotage commissioners and the
board of boiler rules promulgated pursuant to the statutory provisions cited above. [1975 1st ex.s. c 123 § 2.]
Chapter 43.24
DEPARTMENT OF MOTOR VEHICLES
Sections
43.24.010
43.24.085
Authority of director-Personnel.
License or registration fees for businesses, occupations
and professions--Policy--Minimums and maximums-Determination.
43.24.010
Authority of director--Personnel.
Medical practice investigator, powers duties: RCW 18. 71A.070.
43.24.085 License or registration fees for businessc!I,
occupations and professions--Policy--Minimums
and maximums--Determination. It shall be the policy
of the state of Washington that the director of the department of motor vehicles shall from time to time establish the amount of all application fees, license fees,
registration fees, examination fees, permit fees, renewal
fees, and any other fee associated with licensing or registration of professions, occupations, or businesses, administered by the professional licensing division of the
department of motor vehicles. In fixing said fees the director shall, insofar as is practicable, fix the fees relating
to each profession, occupation, or business in such a
manner that the income from each will match the anticipated expenses to be incurred in the administration
of the laws relating to each such profession, occupation,
or business. AH such fees shall be fixed by rule and
regulation adopted by the director in accordance with
the provisions of the administrative procedure act,
chapter 34.04 RCW: Provided, That
(1) In no event shall the license or registration renewal fee in the following cases be fixed at an amount
less than five dollars or in excess of fifteen dollars:
Barber
Student barber
Cosmetologist (manager-operator)
Cosmetologist (operator)
Cosmetologist (instructor-operator)
Apprentice embalmers
Manicurist
Apprentice funeral directors
Registered nurse
Licensed practical nurse
Charitable organization
Professional solicitor;
(1975 RCW Supp---p 407)
43.24.085
Title 43:
State Government--Executive
(2) In no event shall the license or registration renewal fee in the following cases be fixed at an amount
less than ten dollars or in excess of twenty dollars:
Dental hygienist
Barber instructor
Barber manager instructor
Psychologist
Embalmer
Funeral director
Sanitarian
Veterinarian
Cosmetology shop
Barber shop
Proprietary school agent
Specialized and advance registered nurse
Physician's assistant
Osteopathic physician's assistant;
(3) In no event shall the license or registration renewal fee in the following cases be fixed at an amount
less than fifteen dollars or in excess of thirty-five
dollars:
Architect
Dentist
Engineer
Land Surveyor
Podiatrist
Chiropractor
Drugless therapeutic
Osteopathic physician
Osteopathic physician and surgeon
Physical therapist
Physician and surgeon
Optometrist
Dispensing optician
Landscape architect
Nursing home administrator
Hearing aid fitter;
(4) In no event shall the license or registration renewal fee in the following cases be fixed at an amount
less than fifty dollars or in excess of two hundred
dollars:
Engineer corporation
Engineer partnership
Cosmetology school
Barber school
Debt adjuster agency
Debt adjuster branch office
Debt adjuster
Proprietary school
Employment agency
Employment agency branch office
Collection agency
Collection agency branch office
Professional fund raiser. [1975 1st ex.s. c 30 § 93;
1971 ex.s. c 266 § 21.]
(1975 RCW Supp---p 408)
Chapter 43.31
DEPARTMENT OF COMMERCE AND
ECONOMIC DEVELOPMENT
Sections
43.31.090
43.31.525
43.31.790
43.31.810
43.31.820
43.31.830
43.31.832
43.31.840
43.31.850
Advisory council-Appointment, term, vacancies,
expenses.
Provisions relating to Seattle world fair-Department
authorized to dispose of property-Approval of
world fair commission--Consideration-Transfer
of balance to state general fund--Bond redemption
fund abolished.
State international trade fairs-Declaration of
purpose.
State international trade fairs-State aid eligibility
requirements.
State international trade fairs--Application for funds.
State international trade fairs-Certification of
fairs-Allotments--Division and payment from
state trade fair fund.
State international trade fairs-Transfer of surplus
funds in state trade fair fund to general fund-Subsequent transfers.
State international trade fairs--Post audit of participating fairs-Reports.
State international trade fairs--State international
trade fair defined.
43.31.090 Advisory council--Appointment, term,
vacancies, expenses. To aid and advise the director in
the performance of his functions as specified in this
chapter, an advisory council shall be appointed by the
governor, such council to be composed of not more
than fifteen members, all of whom shall be residents of
this state, representing such geographical and economic
areas the governor shall determine will best further the
purposes of this chapter. Terms of council members
shall not exceed two years and shall continue until their
successors are appointed. Vacancies shall be filled in the
same manner as original appointments. Members shall
receive no per diem but shall receive reimbursement for
actual subsistence and traveling expenses incurred in
the performance of their duties.
In addition to the members of the advisory council
there shall be four ex officio members without vote
from the legislature consisting of: (1) Two members of
the senate, both to be appointed by the president of the
senate, and not more than one to be affiliated with any
one political party; (2) two members of the house of
representatives, both to be appointed by the speaker of
the house of representatives, and not more than one to
be affiliated with any one political party; such appointments shall be for the term of two years or for the period in which the appointee serves as a legislator,
whichever expires first; members may be reappointed;
vacar:icies shall be filled in the same manner as original
appomtments are made. Such ex officio members who
shall collect data deemed essential to future legislative
proposals and exchange information with the council
shall be deemed engaged in legislative business while in
attendance upon the business of the council and shall
b~ lim~ted to such allowances therefor as otherwise provided m RCW 44.04.120, the same to be paid from the
"state international trade fair fund" as being expenses
relative to such business. [1975 I st ex.s. c 292 § I; 1965
c 8 § 43.31.090. Prior: 1959 c 228 §I; 1957 c 215 § 9.]
Dept. Commerce And Economic Development
Reviser's note: Section 9 of chapter 292, Laws of 1975 1st ex.s.
which would have changed the name of the "state trade fair fund" to
the "state international trade fair fund" was vetoed.
43.31.525 Provisions relating to Seattle world
fair--Department authorized to dispose of property--Approval of world fair commission--Consideration--Transfer of balance to state general fund-Bond redemption fund abolished. The department of
commerce and economic development, with the approval of the commission, is authorized to sell or otherwise dispose of any property acquired or constructed by
it under the provisions of RCW 43.31.500 through 43.31.640: Provided, That the sale price, or valuable consideration to be received with or without interest, shall
no.t be less than one hundred percent of the purchase
pnce of the real property acquired by the state for fair
purposes and fifty percent of the construction cost of
the principal state building constructed for world fair or
exposition use by the department: Provided further,
That when all outstanding obligations payable from the
world f~ir bond redemption fund are paid, redeemed,
and retired, the remaining balance therein shall be
tran~ferred to t~e state general fund and all subsequent
receipts otherwise payable to the world fair bond redemption. fun~ inch~ding, but .not limited to receipts as
set forth m this sect10n, shall mstead be credited to the
state general fund. The world fair bond redemption
fund as created by RCW 43.31.620(1) is abolished as of
September 8, 1975. [1975 1st ex.s. c 149 § l; 1965 c 8 §
43.31.525. Prior: 1961c152 § 4; 1959 c 310 §I.]
43.31. 790 State international trade fairs--Declaration o~ purpose. The legislature hereby recognizes the
economic benefits resultant from the participation in
and presentation of state international trade fairs; to a
large degree the present export of state products from
the ports of this state has resulted from state international. trade fair presentation or participation; as this
~tate is the. n~tural gateway to the Orient, participation
m trade fairS m that area is essential to the furtherance
of industrial markets of this state; Washington products
must be put on view to the people of the state, this
country, and the world; nothing serves this purpose
more appropriately than state international trade fairs,
the support of which through state aid the legislature
herewith proposes. [1975 1st ex.s. c 292 § 2; 1965 c 148
§ 1.]
Horse racing, state trade fair fund: RCW 67.16.100.
43.31.810 State international trade fairs--State aid
eligibility requirements. For the purposes of RCW 43.31.790 through 43.31.860 and 67.16.100, as now or
her.eafter amend~d.' state international trade fair organizat10ns, to be ehg1ble for state financial aid hereunder
(1) m~st have had at .least two or more years of experience m the presentation of or participation in state international trade fairs, whether held in this state
another state or territory of the United States or a for~
eign country, however these need not be consecutive
years; (2) must be able to provide, from its own resources derived from general admission or otherwise ,
43.31.832
funds sufficient to match at least one-half the amount
of state financial aid allotted. [ 1975 1st ex.s. c 292 § 3;
1965 c 148 § 3.]
43.31.820 State international trade fairs--Application. for funds. The board of trustees of any state international trade fair sponsored by any public agency,
qualifying under the provisions of RCW 43.31.790
through 43.31.860 and 67.16.100, as now or hereafter
amended, may apply to the director for moneys to carry
on th.e co~tinu~d development as well as the operation
of said faJr, said money to be appropriated from the
state international trade fair fund as provided for in
RCW 67.16.100, as now or hereafter amended. [1975 1st
ex.s. c 292 § 4; 1965 c 148 § 4.]
Reviser's note: Section 9 of chapter 292, Laws of 1975 !st ex.s
which would have changed the name of the "state trade fair fund" to
the "state international trade fair fund" was vetoed.
43.31.830 State international trade fairs--Certification of fairs--Allotments--Division and payment
from state trade fair fund. It shall be the duty of the director to certify, from the applications received, the
state international trade fair or fairs qualified and entitled to receive funds under RCW 43.31.790 through 43.31.860 and 67.16.100, as now or hereafter amended.
The director shall make annual allotments to state international trade fairs determined qualified to be entitled to participate in the state international trade fair
fund and shall fix times for the division of and payment
from the state international trade fair fund: Provided,
That total payment to any one state international trade
fair shall not exceed sixty thousand dollars in any one
year, where participation or presentation occurs within
the United States, and eighty thousand dollars in any
one year, where participation or presentation occurs
outside the United States: Provided further, That a
state international trade fair may qualify for the full all?tment of funds under either category. Upon certificatl?n of the allotment and division of fair funds by the
director of commerce and economic development the
treasurer shall proceed to pay the same to carry out the
purposes of RCW 43.31.790 through 43.31.860 and 67.16.100, as now or hereafter amended. [ 1975 I st ex.s. c
292 § 5; 1965 c 148 § 5.]
~eviser's note: Section 9 of chapter 292, Laws of 1975 !st ex.s.
which would have changed the name of the "state trade fair fund" to
the "state international trade fair fund" was vetoed.
43.31.832 State international trade fairs-Transfer
of surplus funds in state trade fair fund to general
fund--Subsequent transfers. In addition to the sum
transferred in RCW 43.31.831, additional funds determined to be surplus funds by the director of the department of commerce and ec01~omic d~velopment may
be transferred from the state mternatlonal trade fair
fund to the general fund upon the recommendation of
the director of the department of commerce and economic development and the state treasurer. [1975 1st
ex.s. c 292 § 8; 1972 ex.s. c 93 § 2.]
[1975 RCW Supp--p 4091
Title 43:
43.31.832
State Government--Executive
Reviser's note: Section 9 of chapter 292, Laws of 1975 1st ex.s.
which would have changed the name of the "state trade fair fund" to
the "state international trade fair fund" was vetoed.
State trade fair fund: RCW 67.16.100.
43.31.840 State international trade fairs--Post audit of participating fairs--Reports. The director shall
at the end of each year for which an annual allotment
has been made, cause to be conducted, a post audit of
all of the books and records of each state international
trade fair participating in the state trade fair fund. The
purpose of such post audit shall be to determine how
and to what extent each participating state international
trade fair has expended all of its funds.
The audit required by this section shall be a condition to future allotments of money from the state international trade fair fund, and the director shall make a
report of the findings of each post audit and shall use
such report as a consideration in an application for any
future allocations. [ 1975 1st ex.s. c 292 § 6; 1965 c 148 §
6.]
Reviser's note: Section 9 of chapter 292, Laws of 1975 1st ex.s.
which would have changed the name of the ''state trade fair fund" to
the "state international trade fair fund" was vetoed.
43.31.850 State international trade fairs--State international trade fair defined. State international trade
fair as used in RCW 43.31.790 through 43.31.860 and
67 .16.100, as now or hereafter amended, shall mean a
fair supp_orted b)'. public agencies basically for the purpose of mtroducmg and promoting the sale of manufactured or cultural products and services of a given
area, whether presented in this state, the United States
or its territories, or in a foreign country. [1975 1st ex.s. c
292 § 7; 1965 c 148 § 8.]
Reviser's note: Section 9 of chapter 292, Laws of 1975 1st ex.s.
which would have changed the name of the "state trade fair fund" to
the "state international trade fair fund" was vetoed.
Chapter 43.33
FINANCE COMMITTEE-INVESTMENT
ADVISORY COMMITTEE
Community colleges
1975 capital projects bond act: Chapter 288.57 RCW.
1975 general capital projects bond act: Chapter 288.58 RCW.
Institutions of higher education, 1975 bond issue for capital improvements for: Chapter 28B.14 RCW.
University of Washington hospital capital improvement project
bonds: RCW 288.20. 750-28B.20. 759.
Chapter 43.38
TAX ADVISORY COUNCIL
Sections
43.38.040
Officers-Meetings-Executive secretary.
43.38.040 Officers-Meetings--Executive secretary. The governor shall designate one member to be
chairman of the council. The council at its first meeting
shall elect a vice chairman. Meetings shall be held at
times and places determined by the chairman. The
(1975 RCW Supp--p 410(
chairman shall appoint from the staff of the state department of revenue, an executive secretary. whose salary shall be paid by the department of revenue, who
shall att~nd al~ meetings of the council and perform
such duties as 1t shall direct. [ 1975 l st ex.s. c 278 § 24;
1965 c 8 § 43.38.040. Prior: 1957 c 291 § 4.]
Construction--Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Chapter 43.41
DIRECTOR OF PROGRAM PLANNING AND
FISCAL MANAGEMENT
Sections
43.41.130
43.41.140
Passenger motor vehicles owned or operated by state
agencies-Duty to establish policies as to acquisition, operation, authorized use, etc.
Employee commuting in state owned or leased vehicle-Policies and regulations.
43.41.130 Passenger motor vehicles owned or operated by state agencies--Duty to establish policies as to
acquisition, operation, authorized use, etc. The director
of the office of program planning and fiscal management, after consultation with other interested or affected state agencies and approval of the automotive policy
board established pursuant to RCW 43.19.580, shall est~blish overall policies governing the acquisition, operation, management, maintenance, repair, and disposal of,
all passenger motor vehicles owned or operated by any
state agency. Such policies shall include but not be limited to a definition of what constitutes authorized use of
a state owned or controlled passenger motor vehicle
and other motor vehicles on official state business. Any
use other than such defined use shall be considered as
personal use. [ 1975 I st ex.s. c 167 § 5.]
Severability--1975 1st ex.s. c 167: See note following RCW
43.19.010.
Motor vehicle transportation: RCW 43.19.560-43.19.635.
43.41.140 Employee commuting in state owned or
leased vehicle-Policies and regulations. Pursuant to
policies and regulations promulgated by the office of
pr~gram planning and fiscal management after consultat10n with and approval by the automotive policy
board, an_ elected stat_e officer or his delegate or a state
agency ~hre~tor or his delegate may permit employee
commutmg _m a state_ owned or leased vehicle only if
such travel 1s on official business, as determined in accordance with RCW 43.41.130, and is determined to be
economical and advantageous to the state. [1975 1st
ex.s. c 167 § 15.]
Severability--1975 1st ex.s. c 167: See note following RCW
43.19.010.
Chapter 43.51
PARKS AND RECREATION COMMISSION
Sections
43.51.215
43.51.290
Exchange of state land by comrnission--Public notice--N ews release--Hearing--Procedure.
Wmter recreational parking areas--Establishment
permits, snow removal, maps.
'
Parks And Recreation Commission
43.51.300
43.51.310
43.51.320
43.51.321
43.51.330
43.51.340
Winter recreational area parking permit-Fee,
duration.
Winter recreational parking account.
Winter recreational parking areas-Restriction of
overnight parking.
Penalty for violation of RCW 43.51.320 or 46.61.585.
Winter recreational parking areas-Rules.
Winter recreation advisory committee.
YOUTH DEVELOPMENT AND CONSERVATION CORPS
43.51.530
Composition of youth corps-Qualifications, conditions, period of enrollment, etc.
43.51.540
Compensation-Quarters-Hospital services, etc.
43.51.570
Agreements with private persons to enroll additional
people-Commercial activities prohibited-Authorized closures of area.
Archaeological sites and resources: Chapter 27.53 RCW.
43.51.215 Exchange of state land by commission-Public notice--News release--Hearing--Procedure. At least ten days but not more than twenty-five
days before the director of parks and recreation presents a proposed exchange to the parks and recreation
commission involving an exchange of state land pursuant to this chapter, the director shall hold a public
hearing on the proposal in the county where the state
lands or the greatest proportion thereof is located. Ten
days but not more than twenty-five days prior to such
hearing, the director shall publish a paid public notice
of reasonable size in display advertising form, setting
forth the date, time, and place of the hearing, at least
once in one or more daily newspapers of general circulation in the county and at least once in one or more
weekly newspapers circulated in the area where the
state owned land is located. A news release pertaining
to the hearing shall be disseminated among printed and
electronic media in the area where the state land is located. The public notice and news release also shall
identify lands involved in the proposed exchange and
describe the purposes of the exchange and proposed use
of the lands involved. A summary of the testimony presented at the hearings shall be prepared for the commission's consideration when reviewing the director's
exchange proposal. If there is a failure to substantially
comply with the procedures set forth in this section,
then the exchange agreement shall be subject to being
declared invalid by a court. Any such suit must be
brought within one year from the date of the exchange
agreement. [1975 1st ex.s. c 107 § 1.]
43.51.320
permit to park m designated winter recreational area
parking spaces;
(3) Administer the snow removal operations for all
designated winter recreational area parking spaces; and
(4) Compile, publish, and distribute maps indicating
such parking spaces and adjacent trails and areas suitable for winter recreational activities.
The commission may contract with any public or
private agency for the actual conduct of such duties,
but shall remain responsible for the proper administration thereof. [ 1975 I st ex.s. c 209 § 1.]
Severability--1975 1st ex.s. c 209: "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 209 § 9.] This
applies to RCW 43.51.290 through 43.51.340, 46.61.585, and
46.61.587.
43.51.300 Winter recreational area parking permit--Fee, duration. The fee for the issuance of the
special winter recreational area parking permit for each
winter season commencing on October 1st of each year
shall be five dollars annually, unless the person making
application therefor is also the owner of a snowmobile
registered pursuant to chapter 46.10 RCW, in which
case there shall be no fee for the issuance of the permit.
All special winter recreational area parking permits
shall expire on the last day of September following the
issuance of such permit. [1975 1st ex.s. c 209 § 2.]
Severability--1975 1st ex.s. c 209: See note following RCW
43.51.290.
43.51.310 Winter recreational parking account. There
is hereby created the winter recreational parking account in the general fund. All moneys from special
winter recreational area parking permits shall be credited to such account and, after the costs of administration, shall be used for the planning, construction,
publicity, and maintenance, including snow removal, of
winter recreational parking areas and enforcement of
laws and rules relating thereto.
The commission may accept gifts, grants, donations,
or moneys from any source for deposit in the winter
recreational parking account. [1975 1st ex.s. c 209 § 3.]
Exchange of land under control of department of natural resources,
procedure: RCW 79.08.015.
Severability--1975 1st ex.s. c 209: See note following RCW
43.51.290.
43.51.290 Winter recreational parking areas--Establishment, permits, snow removal, maps. In addition to
its other powers, duties, and functions the state parks
and recreation commission may:
(1) Plan, construct, and maintain suitable parking areas for winter recreational activities on lands administered or acquired by the commission or as authorized
on lands administered by other public agencies by
agreement;
(2) ~rovide an? issue upon payment of the proper
fee, with the assistance of such authorized agents as
may be necessary for the convenience of the public, a
43.51.320 Winter recreational parking areas--Restriction of overnight parking. The commission may
adopt rules and regulations prohibiting or restricting
overnight parking at any special state winter recreational parking areas owned or administered by it.
Where such _special state winter recreational parking areas are admmistered by the commission pursuant to an
agreemen~ with other public agencies, such agreement
may provide for prohibition or restriction of overnight
parking. [1975 1st ex.s. c 209 § 4.]
Severability--1975 1st ex.s. c 209: See note following RCW
43.51.290.
11975 RCW Supp--p 4111
·B.51.321
Title 43:
State Government--ExecutiYc
43.51.321 Penalty for 'iolation of RCW 43.51.320 or
46.61.585. See RCW 46.61.587.
43.51.330 Winter recreational parking areas-Rules. The commission may adopt such rules as are
necessary to implement and enforce RCW 43.51.290
through 43.51.320 and 46.61.585 after consultation with
the advisory committee created pursuant to RCW 43.51.340. [1975 lst ex.s. c 209 § 7.]
Severability-1975 1st ex.s. c 209: See note following RCW
43.51.290.
43.51.340 Winter recreation advisory committee. The
parks and recreation commission is hereby directed to
form a winter recreation advisory committee to advise
in the administration of RCW 43.51.290 through 43.51.330, 46.61.585, and 46.61.587. The advisory committee
shall consist of nine persons representing all aspects of
winter recreation activities. [ 1975 l st ex.s. c 209 § 8.]
Severability-1975 1st ex.s. c 209: See note following RCW
43.51.290.
YOUTH DEVELOPMENT AND CONSERVATION
CORPS
43.51.530 Composition of youth corps--Qualifications, conditions, period of enrollment, etc. Composition
of the corps shall consist of youths who are citizens of
the United States and residents of the state of
Washington of good character and health, and who are
not more than twenty-one years of age. In order to enroll, an individual must agree to comply with rules and
regulations promulgated by the commission. The period
of enrollment shall be for thirty. sixty or ninety days or
for such shorter period as determined by the commission. If permitted by the commission an individual may
reenroll. Enrollment shall basically be allocated on a
percentage basis to each of the forty-nine legislative
districts on the basis of the ratio that the population of
each district bears to the total population of the state of
Washington, but the commission may also take into account problems of substantial unemployment in certain
areas. [1975 c 7 § I; 1969 ex.s. c 96 § 3; 1965 c 8 § 43.51.530. Prior: 1961c215 § 3.]
43.51.540 Compensation--Quarters--Hospital
services, etc. ( l) The base compensation shall be at the
rate of twenty-five dollars per week, except that up to
an additional twenty-five dollars per week may be paid
on the basis of assigned leadership responsibilities or
special skills.
(2) Enrollees shall be furnished quarters, subsistence,
medical and hospital services, transportation, equipment, as the commission may deem necessary and appropriate for their needs. Such quarters, subsistence,
and equipment may be furnished by any governmental
or public agency. [ 1975 c 7 § 2; 1965 c 8 § 43.51.540.
Prior: 1961 c 215 § 5.]
43.51.570 Agreements with private persons to enroll
additional people--Commercial activities prohibited--Authorized closures of area. The commission
(1975 RCW Supp---p 4121
may. by agreement with an individual or company enroll and supervise additional young persons, who shall
be furnished compensation, subsistence. quarters, supplies and materials by the cooperating private company
or individual, to develop, maintain or improve natural
and artificial recreational areas for the health and happiness of the general public. The corps shall not be engaged in the development, improvement or
maintenance of a commercial recreational area or resort, and the individual or corporation entering such
agreement with the commission shall make such improved areas available to the general public without
cost for a period of at least five years. Private individuals may reserve the right to close the area during periods of fire hazard or during periods when excess
damage would be caused by public use. [ l 975 c 7 § 3;
l 973 Ist ex.s. c 154 § 85; 1965 c 8 § 43.51.570. Prior:
1961 c 215 § 8.]
Severability-1973 1st ex.s. c 154: See note following RCW
2.12.030.
Chapter 43.52
OPERATING AGENCIES (POWER COMMISSION)
Sections
43.52.300
Powers and duties of commission or operating agency.
43.52.300 Powers and duties of commission or operating agency. The commission, or an operating agency
formed under RCW 43.52.360, shall have authority:
(l) To generate, produce, transmit, deliver, exchange,
purchase or sell electric energy and to enter into contracts for any or all such purposes.
(2) To construct, condemn, purchase, lease, acquire,
add to, extend, maintain, improve, operate, develop and
regulate plants, works and facilities for the generation
and/or transmission of electric energy, either within or
without the state of Washington, and to take, condemn,
purchase, lease and acquire any real or personal, public
or private property, franchise and property rights, including but not limited to state, county and school
lands and properties, for any of the purposes herein set
forth and for any facilities or works necessary or convenient for use in the construction, maintenance or operation of any such works, plants and facilities;
provided that the commission shall not be authorized to
acquire by condemnation any plants, works and facilities owned and operated by any city or district, or by a
privately owned public utility. The commission shall be
authorized to contract for and to acquire by lease or
purchase from the United States or any of its agencies,
any plants, works or facilities for the generation and
transmission of electricity and any real or personal
property necessary or convenient for use in connection
therewith.
(3) To negotiate and enter into contracts with the
United States or any of its agencies, with any state or
its agencies, with Canada or its agencies or with any
district or city of this state, for the lease, purchase, construction, extension, betterment, acquisition, operation
and maintenance of all or any part of any electric generating and transmission plants and reservoirs, works
Planning And Community Affairs
and facilities or rights necessary thereto, either within
or without the state of Washington, and for the marketing of the energy produced th_erefrom. Such negotiations or contracts shall be earned on and concluded
with due regard to the position and laws of the United
States in respect to international agreements.
(4) To negotiate and enter into contracts for the purchase, sale, exchange, transmission or use of electric
energy or falling water with any person, firm or corporation, including political subdivisions and agencies of
any state of Canada, or of the United States, at fair and
nondiscriminating rates.
(5) To apply to the appropriate agencies of the state
of Washington, the United States or any thereof, and to
Canada and/or to any other proper agency for such
permits, licenses or approvals as may be necessary, and
to construct, maintain and operate works, plants and
facilities in accordance with such licenses or permits,
and to obtain, hold and use such licenses and permits in
the same manner as any other person or operating unit.
(6) To establish rates for electric energy sold or
transmitted by the commission. When any revenue
bonds or warrants are outstanding the commission shall
have the power and shall be required to establish and
maintain and collect rates or charges for electric energy,
falling water and other services sold, furnished or supplied by the commission which shall be fair and nondiscriminatory and adequate to provide revenues
sufficient for the payment of the principal and interest
on such bonds or warrants and all payments which the
commission is obligated to set aside in any special fund
or funds created for such purposes, and for the proper
operation and maintenance of the public utility owned
by the commission and all necessary repairs, replacements and renewals thereof.
(7) To act as agent for the purchase and sale at
wholesale of electricity for any city or district whenever
requested so to do by such city or district.
(8) To contract for and to construct, operate and
maintain fishways, fish protective devices and facilities
and hatcheries as necessary to preserve or compensate
for projects operated by the commission.
(9) To construct, operate and maintain channels,
locks, canals and other navigational, reclamation, flood
control and fisheries facilities as may be necessary or
incidental to the construction of any electric generating
project, and to enter into agreements and contracts with
any person, firm or corporation, including political subdivisions of any state, of Canada or the United States
for such construction, operation and maintenance, and
for the distribution and payment of the costs thereof.
(10) To employ legal, engineering and other professional services and fix the compensation of a managing
director and such other employees as the commission
may deem necessary to carry on its business, and to
delegate to such manager or other employees such authority as the commission shall determine. Such manager and employees shall be appointed for an indefinite
time and be removable at the will of the commission.
(11) To study, analyze and make reports concerning
the development, utilization and integration of electric
generating facilities and requirements within the state
43.63A.040
and without the state in that reg10n which affects the
electric resources of the state.
(12) To acquire any land bearing coal, uranium, geothermal, or other energy resources, within or without
the state, or any rights therein, for the purpose of assuring a long-term, adequate supply of coal, uranium,
geothermal, or other energy resources to supply its
needs, both actual and prospective, for the generation
of power and may make such contracts with respect to
the extraction, sale, or disposal of such energy resources
that it deems proper. [ 1975 1st ex.s. c 37 § 1; 1965 c 8 §
43.52.300. Prior: 1955 c 258 § 1; 1953 c 281 § 5.]
Chapter 43.62
DETERMINATION OF POPULATIONSSTUDENT ENROLLMENTS
Sections
43.62.040
43.62.050
Assistance to board-Determination by board
conclusive.
Student enrollment forecasts-Reports.
43.62.040 Assistance to board--Determination by
board conclusive. The department of revenue or any
other state officer or officials of cities, towns, or counties shall upon request of the board furnish such information, aid, and assistance as may be required by the
board in the performance of its duties. The action of
the board in determining the population shall be final
and conclusive. [ 1975 I st ex.s. c 278 § 25; 1965 c 8 §
43.62.040. Prior: 1957 c 175 § 4; 1951 c 96 § 3.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
43.62.050 Student enrollment forecasts--Reports.
The board shall develop and maintain student enrollment forecasts of Washington schools, including both
public and private, elementary schools, junior high
schools, high schools, colleges and universities. The
board shall submit reports on such forecasts to the
governor, the legislative budget committee, and the
standing committees on ways and means of the house
and the senate on or before the fifteenth day of
November of each even-numbered year. [1975 1st ex.s.
c 293 § 2; 1965 c 8 § 43.62.050. Prior: 1959 c 171 § I;
1957 c 229 § I.]
Severability-1975 1st ex.s. c 293: See RCW 43.88.902.
Effective date---1975 1st ex.s. c 293: See RCW 43.88.910.
Chapter 43.63A
PLANNING AND COMMUNITY AFFAIRS
Sections
43.63A.040 Planning and community affairs agency-Director-Appointment, salary, bond.
43.63A.040 Planning and community affairs agency--Director--Appointment, salary, bond. The executive head of the planning and community affairs
agency shall be a director appointed by the governor,
with the consent of the senate, and hold office at the
pleasure of the governor. He shall be paid a salary fixed
by the governor in accordance with the provisions of
(1975 RCW Supp--p 413)
Title 43:
43.63A.040
State GoYernment--Executive
RCW 43.03.040. He shall be bonded in an amount to
be determined by the director of the department of
general administration under the provisions of RCW
43.19.540, the cost of which shall be considered an
office expense. [1975 c 40 § 10; 1967 c 74 § 4.]
43.83.094
43.83.130
Chapter 43. 79
STATE FUNDS
Sections
43.79.330
43.79.423
Miscellaneous state funds--Moneys transferred to
general fund.
Miscellaneous state funds or accounts--Moneys transferred to state general fund.
43.79.330 Miscellaneous state funds--Moneys
transferred to general fund.
Public school building construction account--Moneys transferred
to state general fund: RCW 43. 79.423.
43.79.423 Miscellaneous state funds or accounts-Moneys transferred to state general fund. All moneys to
the credit of the following state funds or accounts as of
September 8, 1975 are transferred to the state general
fund on that date:
(1) The public school building construction account
of the general fund created under RCW 43.79.330; and
(2) The general administration construction fund in
the general fund created under RCW 43.82.090. [ 1975
1st ex.s. c 91 § I.]
Chapter 43.82
STATE AGENCY HOUSING
Sections
43.82.090
General administration construction fund--Designation of bonds as to project--Investment of bond
proceeds, interest.
43.82.090
General administration construction
fund--Designation of bonds as to project--Investment of bond proceeds, interest.
General administration construction fund--Moneys transferred to
state general fund: RCW 43. 79.423.
Chapter 43.83
CAPITAL IMPROVEMENTS
Sections
43.83.030
1959-1961 BOND ISSUE
Limited obligation bonds--Retirement from state
building construction bond redemption fund--Retail sales tax collections, continuation of levy.
43.83.064
1961-1963 BOND ISSUE
Limited obligation bonds--Retirement from state
building construction bond redemption fund--Retail sales tax collections, continuation of levy.
43.83.074
1965-1967 BOND ISSUE
General obligation bonds--Retirement from state
building and higher education bond redemption
fund--Retail sales tax collections, continuation of
levy.
(1975 RCW Supp--p 414)
43.83.132
43.83. 134
43.83.136
43.83.138
43.83.140
43.83.142
43.83.144
43.83.146
43.83.148
1967-1969 BOND ISSUE
General obligation bonds--Retirement from state
building and higher education bond redemption
fund--Retail sales tax collections, continuation of
levy.
1975 BOND ISSUE
General obligation bonds--Authorized--Issuance--Payment.
General obligation bonds--Powers and duties of state
finance committee.
General obligation bonds--Anticipation notes-Proceeds.
General obligation bonds--Administration of proceeds from sale.
General obligation bonds--Payment from bond redemption fund--Procedure.
General obligation bonds--General obligation of
state.
General obligation bonds--Charges against state
agencies to reimburse state general fund.
General obligation bonds--Legislature may provide
additional means for payment.
General obligation bonds--Legal investment for state
and other public bodies.
Severability--1975 !st ex.s. c 249.
1959-1961 BOND ISSUE
43.83.030 Limited obligation bonds--Retirement
from state building construction bond redemption
fund--Retail sales tax collections, continuation of levy.
Retirement of the bonds and interest authorized by
RCW 43.83.010 through 43.83.050 shall be from the
state building construction bond redemption fund created by chapter 298, Laws of 1957. 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 interest payments on
and retirement of bonds authorized by RCW 43.83.010
through 43.83.050. The state treasurer shall thereupon
deposit such amount in the state building construction
bond redemption fund from moneys transmitted to the
state treasurer by the department of revenue and certified by the department of revenue to be sales tax collections, and such amount certified by the state finance
committee to the state treasurer shall be a prior charge
against all retail sales tax revenues of the state of
Washington, subject to and inferior only to the charges
thereon created by chapters 229 and 230, Laws of 1949,
and chapter 298, Laws of 1957. Said bond redemption
fund shall be kept segregated from all moneys in the
state treasury and shall, while any of such bonds or interest thereon remains unpaid, be available solely for
the payment thereof. As a part of the contract of sale of
the bonds herein authorized, the state undertakes to
continue to levy and collect a tax on retail sales equal
to that portion thereof allocated to said fund as provided in RCW 43.83.010 through 43.83.050, and to place
the proceeds thereof in the state building construction
bond redemption fund and to make said fund available
to meet said payments when due until all bonds and the
interest thereon authorized under RCW 43.83.010
through 43.83.050 shall have been paid. [ 1975 1st ex.s. c
278 § 26; 1965 c 8 § 43.83.030. Prior: 1959 ex.s. c 9 § 3.]
43.83.130
Capital Improvements
Reviser's note: Chapter 298, Laws of 1957 and chapter 230, Laws of
1949 referred to herein are codified in chapter 72.99 RCW, and chapter 229, Laws of 1949 is codified in chapter 28A.47 RCW.
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
1961-1963 BOND ISSUE
43.83.064 Limited obligation bonds--Retirement
from state building construction bond redemption
fund--Retail sales tax collections, continuation of levy.
Retirement of the bonds and interest authorized by
RCW 43.83.060 through 43.83.068 shall be from the
state building construction bond redemption fund created by chapter 298, Laws of 1957. The state finance
committee shall on or before June thirtieth of each year
certify to the state treasurer the amount needed in the
ensuing twelve months to meet interest payments on
and retirement of bonds authorized by RCW 43.83.060
through 43.83.068. The state treasurer shall thereupon
deposit such amount in the state building construction
bond redemption fund from moneys transmitted to the
state treasurer by the department of revenue and certified by the department of revenue to be sales tax collections, and such amount certified by the state finance
committee to the state treasurer shall be a prior charge
against all retail sales tax revenues of the state of
Washington, subject to and inferior only to amounts
previously pledged for the payment of interest on and
retirement of bonds heretofore issued. Said bond redemption fund shall be kept segregated from all moneys
in the state treasury and shall, while any of such bonds
or interest thereon remains unpaid, be available solely
for the payment thereof. As a part of the contract of
sale of the bonds herein authorized, the state undertakes to continue to levy and collect a tax on retail sales
equal to that portion thereof allocated to said fund as
provided in RCW 43.83.060 through 43.83.068, and to
place the proceeds thereof in the state building construction bond redemption fund and to make said fund
available to meet said payments when due until all
bonds and the interest thereon authorized under RCW
43.83.060 through 43.83.068 shall have been paid. [ 1975
1st ex.s. c 278 § 27; 1965 c 8 § 43.83.064. Prior: 1961
ex.s. c 23 § 3.)
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
State building construction bond redemption fund: RCW 72.99.120.
1965-1967 BOND ISSUE
43.83.074 General obligation bonds--Retirement
from state building and higher education bond redemption fund--Retail sales tax collections, continuation of
levy. The state building and higher education bond redemption fund is hereby created in the state treasury,
which fund shall be exclusively devoted to the payment
of interest on and retirement of the bonds authorized
by RCW 43.83.070 through 43.83.084. 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 bond retirement and interest requirements and on July 1st of each year the
state treasurer shall deposit such amount in said state
building and higher education bond redemption fund
from moneys transmitted to the state treasurer by the
department of revenue and certified by the department
of revenue to be sales tax collections and such amount
certified by the state finance committee to the state
treasurer shall be a prior charge against all retail sales
tax revenues of the state of Washington, except that
portion thereof heretofore pledged for the payment of
bond principal and interest.
The owner and holder of each of said bonds or the
trustee for any of the bonds may by mandamus or other
appropriate proceeding require and compel the transfer
and payment of funds as directed herein. [1975 1st ex.s.
c 278 § 28; 1965 ex.s. c 172 § 3.)
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
1967-1969 BOND ISSUE
43.83.094 General obligation bonds-Retirement
from state building and higher education bond redemption fund--Retail sales tax collections, continuation of
levy. The state building and higher education bond redemption fund is created in the state treasury, which
fund shall be exclusively devoted to the payment of interest on and retirement of the bonds authorized by
RCW 43.83.090 through 43.83.104. 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 bond retirement and interest requirements, and on July 1st of each year the
state treasurer shall deposit such amount in the state
building and higher education bond redemption fund
from moneys transmitted to the state treasurer by the
department of revenue and certified by the department
of revenue to be sales tax collections; and such amount
certified by the state finance committee to the state
treasurer shall be a prior charge against all retail sales
tax revenues of the state of Washington, except that
portion thereof which has been heretofore pledged for
the payment of bond principal and interest. ·
The owner and holder of each of the bonds or the
trustee for any of the bonds may by mandamus or other
appropriate proceeding require and compel the transfer
and payment of funds as directed herein. (1975 1st ex.s.
c 278 § 29; 1967 ex.s. c 148 § 3.)
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
1975 BOND ISSUE
43.83.130 General obligation bonds--Authorized--lssuance-Payment. For the purpose of providing funds for the planning, acquisition, construction,
remodeling, and furnishing, together with all improvements, enhancements, and fixed equipment of capital
campus facilities and such other buildings and facilities
as are determined to be necessary to provide space for
11975 RCW Supp--p 415)
~3.83.130
Title 43:
State Government--Executive
the legislature by way of offices, committee rooms,
hearing rooms. and work rooms and such other state
agencies as may be necessary, as provided in the capital
appropriations act, chapter .... , Laws of 1975 [chapter
276, Laws of 1975 !st ex.s.], for such purposes, the state
finance committee is authorized to issue general obligation bonds of the state of Washington in the aggregate
principal amount of six million four hundred thousand
dollars or so much thereof as may be required to finance said projects, to be paid and discharged within
thirty years of the date of issuance in accordance with
Article VI IL section I of the Constitution of the state of
Washington. [1975 !st ex.s. c 249 § I.]
43.83.132 General obligation bonds--Powers and
duties of state finance committee. The issuance, sale and
retirement of said bonds as authorized in RCW 43.83.130 shall be under the supervision and control of the
state finance committee. The committee is authorized to
prescribe the form, terms, conditions, and covenants of
the bonds, the time or times of sale of all or any portion
of such bonds and the conditions of sale and issuance
thereof. None of the bonds herein authorized shall be
sold for less than the par value thereof.
The committee may provide that the bonds. or any of
them, may be called prior to the maturity date thereof
under such terms, conditions, and provisions as it may
determine and may authorize the use of facsimile signatures in the issuance of such bonds and notes, if any.
Such bonds shall be payable at such places as the committee may provide. [1975 !st ex.s. c 249 § 2.]
43.83.138 General obligation bonds--Payment
from bond redemption fund--Procedure. The state
building bond redemption fund, 1975, 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 43.83.130
through 43.83.148. The state finance committee, on or
before June 30th of each year, shall certify to the state
treasurer the amount needed in the ensuing twelve
months to meet such bond retirement and interest requirements and on July !st of each year the state treasurer shall deposit such amount in such state building
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 I st ex.s. c
249 § 5.]
43.83.140 General obligation bonds--General obligation of state. Bonds issued under the provisions of
RCW 43.83.130 through 43.83.148 shall state that they
are a general obligation of the state of Washington,
shall pledge the full faith and credit of the state to the
payment of the principal thereof and the interest thereon and shall contain an unconditional promise to pay
such principal and interest as the same shall become
due.
The owner and holder of each of the bonds or the
trustee for the owner and holder of any of the bonds,
by a mandamus or other appropriate proceeding, may
require the transfer and payment of funds as directed
herein. [1975 !st ex.s. c 249 § 6.]
43.83.134 General obligation bonds--Anticipation
notes--Proceeds. At the time the state finance committee determines to issue such bonds as authorized in
RCW 43.83.130 through 43.83.148 or a portion thereof,
pending the issuance of such bonds, it may 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 "anticipation notes".
The proceeds from the sale of bonds and notes authorized by RCW 43.83.130 through 43.83.148 shall be deposited in the state building construction account of the
general fund in the state treasury and shall be used exclusively for the purposes specified in RCW 43.83.130
through 43.83.148 and for the payment of expenses incurred in the issuance and sale of such bonds and
notes: 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 43.83.138. [ 1975
1st ex.s. c 249 § 3.]
43.83.142 General obligation bonds--Charges
against state agencies to reimburse state general fund. In
addition to any other charges authorized by law and to
assist in reimbursing the state general fund for expenditures from the general state revenues in paying the
principal and interest on the bonds and notes authorized in RCW 43.83.130 through 43.83.148, the director
of general administration may assess a charge against
each state board, commission, agency, office, department, activity, or other occupant or user of any facility
or other building as authorized in RCW 43.83.130 for
payment of a proportion of costs for each square foot of
floor space assigned to or occupied by it. Payment of
the amount so billed to the entity for such occupancy
shall be made annually and in advance at the beginning
of each fiscal year. The director of general administration shall cause the same to be deposited in the state
treasury to the credit of the general fund. [ 1975 1st ex.s.
c 249 § 7.]
43.83.136 General obligation bonds--Administration of proceeds from sale. The principal proceeds from
the sale of the bonds or notes authorized in RCW 43.83.130 through 43.83.148 and deposited in the state
building construction account of the general fund shall
be administered by the state department of general administration, subject to legislative appropriation. [ 1975
!st ex.s. c 249 § 4.]
43.83.144 General obligation bonds--Legislature
may provide additional means for payment. The legislature may provide additional means for raising moneys
for the payment of the principal of an interest on the
bonds authorized in RCW 43.83.130 through 43.83.148,
and RCW 43.83.130 through 43.83.148 shall not be
deemed to provide an exclusive method for such payment. [1975 1st ex.s. c 249 § 8.]
11975 RCW Supp--p 4161
Social, Health Facilities--1975 Bond Issue
43.83.146 General obligation bonds--Legal investment for state and other public bodies. The bonds authorized in RCW 43.83.130 through 43.83.148 shall be a
legal investment for all state funds or funds under state
control and for all funds of any other public body.
[1975 !st ex.s. c 249 § 9.]
43.83.148 Severability--1975 1st ex.s. c 249. If
any provisi?n 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 is not affected. [ 1975 I st ex.s. c
249 § IO.]
Chapter 43.83B
WATER SUPPLY FACILITIES BOND ISSUE
Sections
43.838.050 Definitions.
AGRICULTURAL WATER SUPPLY FACILITIES
43.838.200 De~osit of proceeds from repayment of Joans, interest,
gifts: grants, etc., in state and local improvements revolvmg account-water supply facilities-Use.
43.838.210 Loans or grants from department of ecology-Authorized-Limitations.
43.838.220 Contractual agreements.
43.838.230 Provision for recreation, fish and wildlife enhancement
and other public benefits.
43.838.900 Severability-1975 !st ex.s. c 295.
43.83B.050 Definitions. As used in this chapter, the
term "water supply facilities" shall mean municipal, industrial. and agricultural water supply and distribution
sy~t.e?1s including, but not limited to, all equipment,
utihties, structures, real property, and interests in and
improvements on real property, necessary for or incidental to the acquisition, construction, installation, or
use of any municipal, industrial, or agricultural water
supply or distribution system.
As used in this chapter, the term "public body"
means the state of Washington, or any agency, political
subdivision, taxing district, or municipal corporation
thereof, an agency of the federal government, and those
Indian tribes now or hereafter recognized as such by
the federal government for participation in the federal
land ~n~ water conservation program and which may
conshtut10nally receive grants or loans from the state of
Washington. [1975 c 18 § I; 1972 ex.s. c 128 § 5.]
AGRICULTURAL WATER SUPPLY FACILITIES
43.83B.200 Deposit of proceeds from repayment of
loans, interest, gifts, grants, etc., in state and local improvements revolving account--water supply facilities--Use. !he proceeds from repayment of any loans
made for agncultural water supply facilities and the interest earn~d from such loans, any gifts, grants, or other
fun·d·s .provided to ~he state for agricultural water supply
facilities, and any interest earned on the interim investment of such funds. or proceeds shall be deposited in
the state and lo~~l. improvements revolving accountwater supply facihhes and shall be used exclusively for
Chapter 43.83G
agricultural water supply facilities. [ 1975 1st ex.s. c 295
§ I.]
43.83B.210 Loans or grants from department of ecology--Authorized--Limitations. The department of
ecology is authorized to make loans or grants or combinations thereof to eligible public bodies as defined in
~CW 43.838.050 for rehabilitation or betterment of agricultural water supply facilities, and/ or construction of
agricultural water supply facilities required to develop
new irrigated lands. The department of ecology may
make such loans or grants or combinations thereof as
matching funds in any case where federal, local, or other funds have been made available on a matching basis.
A loan or combination loan and grant shall not exceed
fifty percent of the approved eligible project costs for
any smgle proposed project. Any grant or grant portion
of a combination loan and grant for any single proposed project shall not exceed fifteen percent of the eligible project costs. [ 1975 I st ex.s. c 295 § 3.]
43.83B.220 Contractual agreements. In addition to
the powers granted by *sections 2 and 3 of this act, the
director of the department of ecology or his designee is
authorized to make contractual agreements in accordance with provisions of this chapter on behalf of the
state of Washington. Contractual agreements shall include provisions to secure such loans, and shall assure
the proper and timely payment of said loans or loan
portions of combination loans and grants. [ 1975 1st
ex.s. c 295 § 5.]
*Reviser's note: Section 2 of 1975 !st ex.s. c 295 was vetoed. Section 3 is codified as RCW 43.838.210.
43.83B.230 Provision for recreation, fish and wildlife
enhancement and other public benefits. In the course of
considering applications under this chapter, the depart~ent of e.c~l?~Y shal~ make known to other state agencies possibihhes which may arise to provide public
benefits such as recreation or fish and wildlife enhancement in connection with proposed projects. Such agencies, i.ncluding t~e. department of ecology, are
authonzed to participate in said projects provided
agency funds are made available to pay the full cost of
their participation. [1975 !st ex.s. c 295 § 14.]
43.83B.900 Severability--1975 1st ex.s. c 295. If
any prov~sion of *this act, or its application to any person or Circumstance is held invalid, the remainder of
the act, o~ the applicati?n of the provision to other persons or Circumstances is not affected. [ 1975 1st ex.s. c
295 § 17.]
*Reviser's note: "this act" (1975 !st ex.s. c 295] consists of RCW
43.838.200--43.838.230.
Chapter 43.83G
SOCIAL AND HEALTH SERVICES
F ACILITIES-1975 BOND ISSUE
Sections
43.83G.010 General obligation bonds--Authorized--Issuance
sale, terms, etc.
'
43.830.020 Definitions.
[1975 RCW Supp--p 4171
Chapter 43.83G
Title 43:
State Government--Executive
43.83G.030 Anticipation notes-Proceeds of bonds and notes.
43.83G.040 Administration of proceeds.
43.83G.050 Retirement of bonds from social and health services
construction bond redemption fund-SourceRemedies of bond holders.
43.83G.060 Legal investment for public funds.
43.83G.900 Severability-1975 Isl ex.s. c 258.
43.83G.010 General obligation bonds--Authorized--lssuance, sale, terms, etc. For the purpose of
providing needed capital improvements consisting of
the planning, acquisition, construction, remodeling, improving, and equipping of social and health services facilities. the state finance committee is authorized to
issue general obligation bonds of the state of
Washington in the sum of twenty-three million six
hundred twenty thousand dollars or so much thereof as
shall be required to finance social and health services
facilities as is set forth by appropriation from the social
and health services facilities construction account in the
general fund by chapter ... , Laws of 1975 [chapter 276,
Laws of 1975 lst ex.s.], the capital appropriation act,
for such purposes, to be paid and discharged within
thirty years of the date of issuance in accordance with
Article VIII, section l of the Constitution of the state of
Washington.
The state finance committee is authorized to prescribe the form of such bonds, the time of sale of all or
any portion or portions of such bonds, and the conditions of sale and issuance thereof.
The bonds shall pledge the full faith and credit of the
state of Washington and contain an unconditional
promise to pay the principal and interest when due. The
committee may provide that the bonds, or any of them,
may be called prior to the due date thereof under such
terms and conditions as it may determine. The state finance committee may authorize the use of facsimile
signatures in the issuance of the bonds. [1975 1st ex.s. c
258 § I.]
43.83G.020 Definitions. As used in this chapter, the
term "social and health services facilities" shall include,
without limitation, facilities for use in adult correction
programs, juvenile rehabilitation programs, mental
health programs, and developmental disabilities programs for which an appropriation is made from the social and health services facilities construction account
in the general fund by chapter ... , Laws of 1975 [chapter
276, Laws of 1975 1st ex.s.], the capital appropriations
act, or subsequent capital appropriations acts. [1975 1st
ex.s. c 258 § 2.]
43.83G.030 Anticipation notes--Proceeds of bonds
and notes. At the time the state finance committee determines to issue such bonds authorized in RCW 43.83G .010 or a portion thereof, pending the issuance of
such bonds, it may 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 "anticipation notes". The proceeds from the
sale of bonds and notes authorized by this chapter shall
be deposited in the state social and health services facilities construction account of the general fund in the
f1975 RCW Supp---p 418)
state treasury and shall be used exclusively for the purposes specified in this chapter and for the payment of
expenses incurred in the issuance and sale of such
bonds and notes: Provided, 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 43.83G.050. [1975 1st ex.s. c 258 § 3.]
43.83G.040 Administration of proceeds. The principal proceeds from the sale of the bonds authorized in
this chapter and deposited in the social and health
services facilities construction account in the general
fund shall be administered by the secretary of the department of social and health services. [ 1975 1st ex.s. c
258 § 4.]
43.83G.050 Retirement of bonds from social and
health services construction bond redemption fund-Source--Remedies of bond holders. The state social
and health services construction bond redemption fund
of 1975 is hereby created in the state treasury, which
fund shall be exclusively devoted to the payment of interest on and retirement of the bonds and notes authorized by this chapter or any social and health
services facilities bonds and notes hereafter authorized
by the legislature. The state finance committee, on or
before June 30th of each year, shall certify to the state
treasurer the amount needed in the ensuing twelve
months to meet bond retirement and interest requirements, and on July 1st of each year the state treasurer
shall deposit such amount in the state social and health
services facilities bond redemption fund of 1975 from
any general state revenues received in the state treasury
and certified by the state treasurer to be general state
revenues.
The owner and holder of each of the bonds or the
trustee for any of the bonds, by mandamus or other
appropriate proceeding, may require and compel the
transfer and payment of funds as directed herein. [1975
1st ex.s. c 258 § 5.]
43.83G.060 Legal investment for public funds. The
bonds authorized by this chapter shall be a legal investment for all state funds or for funds under state control
and all funds of municipal corporations. [ 1975 1st ex.s.
c 258 § 6.]
43.83G.900 Severability--1975 1st ex.s. c 258. 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 is not affected. [1975 lst ex.s. c
258 § 7.]
Chapter 43.84
INVESTMENTS AND INTERFUND LOANS
Sections
43.84.080
43.84.150
Investment of current state funds.
Authorized investments for state finance committee
boards and trustees-Power of trustees of fund~ to
Investments And Interfund Loans
43.84.150
authorize state finance committee to make investments, etc. (as amended by 1975 1st ex.s. c 81).
Authorized investments for state finance committee,
boards and trustees--Power of trustees of funds to
authorize state finance committee to make investments, etc. (as amended by 1975 I st ex.s. c 252).
43.84.080 Investment of current state funds. Wherever there is in any fund or in cash balances in the state
treasury more than sufficient to meet the current expenditures properly payable therefrom, the state finance
committee, or upon authorization from the state finance
committee, then the state treasurer, may invest or reinvest such portion of such funds or balances as the state
treasurer deems expedient in the following defined securities or classes of investments: Provided, That the
state treasurer shall provide a monthly report of such
investments and reinvestments to the state finance
committee:
(1) Certificates, notes, or bonds of the United States,
or other obligations of the United States or its agencies,
or of any corporation wholly owned by the government
of the United States;
(2) In state, county, municipal, or school district
bonds, or in warrants of taxing districts of the state.
Such bonds and warrants shall be only those found to
be within the limit of indebtedness prescribed by law
for the taxing district issuing them and to be general
obligations. The state finance committee may purchase
such bonds or warrants directly from the taxing district
or in the open market at such prices and upon such
terms as it may determine, and may sell them at such
times as it deems advisable;
(3) In motor vehicle fund warrants when authorized
by agreement between the committee and the state
highway commission requiring repayment of invested
funds from any moneys in the motor vehicle fund
available for state highway construction;
(4) In federal home loan bank notes and bonds, federal land bank bonds and federal national mortgage association notes, debentures and guaranteed certificates
of participation, or the obligations of any other government sponsored corporation whose obligations are or
may become eligible as collateral for advances to member banks as determined by the board of governors of
the federal reserve system. [ 1975 I st ex.s. c 4 § I; 1971 c
16 § I; 1967 c 211 § l; 1965 c 8 § 43.84.080. Prior: 1961
c 281 § 11; 1955 c 197 § l; 1935 c 91 § l; RRS §
5508-1.]
Motor vehicle fund warrants for state highway acquisition: RCW 47.12.180-47.12.240.
43.84.150 Authorized investments for state finance committee,
boards and trustees-Power of trustees of funds to authorize state finance committee to make investments, etc. (as amended by 1975 1st
ex.s. c 81). Except where otherwise specifically provided by law, the
state finance committee and those boards otherwise responsible for
the management of their respective funds shall have full power to invest and reinvest funds in the following classes of securities, and not
otherwise:
(I) Bonds, notes, or other obligations of the United States or its
agencies, or of any corporation wholly owned by the government of
the United States, or those guaranteed by, or for which the credit of
the United States is pledged for the payment of the principal and interest or dividends thereof, or the obligation of any other government
sponsored corporation whose obligations are or may become eligible
43.84.150
as collateral for advances to member banks as determined by the
board of governors of the federal reserve system.
(2) Bonds, debentures, notes, or other obligations issued, assumed,
or unconditionally guaranteed by the international bank for reconstruction and development, the inter-American development bank, or
by the federal national mortgage association; in addition to bonds,
debentures, or other obligations issued by a federal land bank, or by a
federal intermediate credit bank, under the act of congress of July 17,
1961, known as the "Federal Farm Loan Act'', (as from time to time
amended).
(3) First mortgages on unencumbered real property which are insured by the federal housing administration under the national housing act (as from time to time amended) or are guaranteed by the
veterans' administration under the servicemen's readjustment act of
1944 (as froip. time to time amended), or are otherwise insured or
guaranteed by the United States of America, or by an agency or instrumentality thereof to the extent that the investor protection thereby
given is essentially the same as that as provided under the foregoing
federal enactments.
(4) Conventional fee simple or leasehold first mortgages on real
property located within the state of Washington.
(5) Bonds or other evidences of indebtedness of this state or a duly
authorized authority or agency thereof; bonds, notes, or other obligations of any municipal corporation, political subdivision or state supported institution of higher learning of this state, issued pursuant to
the laws of this state; obligations of any public housing authority or
urban redevelopment authority issued pursuant to the laws of this
state relating to the creation or operation of a public housing or urban redevelopment authority.
(6) Bonds, notes, or other obligations issued, guaranteed or assumed by any other state or municipal or political subdivision thereof.
(7) Bonds, debentures, notes or other full faith and credit obligations issued, guaranteed, or assumed as to both principal and interest
by the government of the Dominion of Canada, or by any province of
Canada, or by any city of Canada, which has a population of not less
than one hundred thousand inhabitants: Provided, That the principal
and interest thereof shall be payable in United States funds, either
unconditionally or at the option of the holder: Provided further, That
such securities are rated "A" or better by at least one nationally recognized rating agency.
(8) Bonds, debentures, notes, or other obligations of any corporation duly organized and operating in any state of the United States:
Provided, That such securities are rated "A" or better by at least one
nationally recognized rating agency.
(9) Capital notes, debentures, or other obligations of any national
or state commercial or mutual savings bank doing business in the
United States of America.
(JO) Equipment trust certificates issued by any corporation duly organized and operating in any state of the United States of America:
Provided, That the bonds or debentures of the company are rated
"A" or better by at least one nationally recognized rating agency.
(11) Commercial paper: Provided, That it is given the highest attainable rating by at least two nationally recognized rating agencies.
(12) Subject to the limitations hereinafter provided, those funds
created under chapters 2.10, 2.12, 41.24, 41.26, 41.32, 41.40, and 43.43
RCW and the accident reserve fund created by RCW 51.44.010 may
be invested in the common or preferred stock or shares, whether or
not convertible as well as convertible bonds and debentures of corporations created or existing under the laws of the United States, or any
state, district or territory thereof: Provided, That:
(a) Those trustees responsible for the management of their respective funds shall contract with an investment counseling firm or firms
or the trust department of a national or state chartered commercial
bank having its principal office or a branch in this state and/or the
staff of the state finance committee for the purpose of managing issues defined by subsection ( 12) of this section. The trustees shall receive advice which shall become part of the official minutes of the
next succeeding meeting of the board. No investment counseling firm
shall be engaged in buying, selling or otherwise marketing securities
in which commissions or profit credits arising from these activities
accrue to the firm during the time of its employment by the boards.
Nothing in the preceding sentence shall be deemed to apply to the
marketing of bonds, notes or other obligations of the United States or
any agency thereof, or of a state or any municipal or political subdivision thereof by a bank in the normal course of its business.
(b) Stock investments to include convertible preferred stock investments, and investments in convertible bonds and debentures shall not
[1975 RCW Supp---p 419)
43.84.150
Title 43:
State Government--Executive
exceed twenty-five percent of the total investments (cost basis) of the
system: Pronded. That in the case of the accident reserve fund created bY RCW 51.44.010 such stock investments shall not exceed ten
percen.t of the total investments.
(c) Investment in the stock of any one corporation shall not exceed
five percent of the common shares outstanding.
(d) No single common stock investment, based on cost, may exceed
two percent of the assets of the total investments (cost basis) of the
system.
(e) Such corporation has paid a cash and/or stock dividend on its
common stock in at least eight of the ten years next preceding the
date of investment, and the aggregate net earnings available for dividends on the common stock of such corporation for the whole of such
period have been equal to the amount of such dividends paid, and
such corporation has paid an earned cash and/or stock dividend in
each of the last three years.
(f) In the case of convertible bond, debenture and convertible preferred stock investments, the common stock into which such investments are convertible otherwise qualifies as an authorized investment
under the provisions of this section.
(g) The common stock of any corporation concerned is registered
on a national securities exchange provided in the "Securities Exchange Act of 1934" (as from time to time amended). Such registration shall not be required with respect to the following stocks:
(i) The common stock of a bank which is a member of the federal
deposit insurance corporation and has capital funds represented by
capital, surplus, and undivided profits of at least fifty million dollars.
(ii) The common stock of an insurance company which has capital
funds, represented by capital, special surplus, and unassigned surplus
of at least fifty million dollars.
(iii) Any preferred stock, as well as any convertible bond, debenture
or preferred stock.
(iv) The common stock of Washington corporations meeting all the
other qualifications except that of being registered on a national
exchange.
(13) Investments in savings and loan associations organized under
federal or state law, insured by the federal savings and loan insurance
corporation, and operating in this state, including investment in their
savings accounts, deposit accounts, bonds, debentures and other obligations or securities (except capital stock) which are insured or guaranteed by an agency of the federal government or by a private
corporation approved by the state insurance commissioner and licensed to insure real estate loans in the state of Washington; savings
deposits in commercial banks and mutual savings banks organized
under federal or state law, insured by the federal deposit insurance
corporation, and operating in this state: Provided, That the investment of any one fund in the foregoing institutions shall not exceed
the amount insured or guaranteed.
(14) Appropriate contracts of life insurance or annuities from insurers duly organized to do business in the state of Washington, if
and when such purchase or purchases would in the judgment of the
board be appropriate or necessary to carry out the purposes of this
chapter.
(15) Any obligation, equipment trust certificate, or interest in any
obligation arising out of any transaction involving the sale of any
equipment by, or the lease of any equipment from, any corporation
engaged in the business of transportation or manufacturing, with its
principal place of business located in Washington state, or by or from
any wholly owned subsidiary of any such corporation, provided that
either (a) the obligation shall be secured by ownership of the equipment or by a first mortgage or other security interest creatmg a first
lien on such equipment or (b) the obligation shall be guaranteed by
the United States government or any agency or instrumentality thereof or by a foreign government or any agency or instrumentality
thereof or by any province of Canada.
Subject to the above limitations, the trustees of the several funds
shall have the power to authorize the state finance committee to make
purchases, sales, exchanges, investments and reinvestments, of any of
the securities and investments in which any of the funds created
herein shall have been invested, as well as the proceeds of said investments and any money belonging to said funds. (1975 !st ex.s. c 81
§ I; I 973 !st ex.s. c 103 § 12.]
43.84.150 Authorized investments for state finance committee,
boards and trustees-Power of trustees of funds to authorize state finance committee to make investments, etc. (as amended by 1975 1st
ex.s. c 252). Except where otherwise specifically provided by law, the
(1975 RCW Supp---p 420)
state finance committee and those boards otherwise responsible for
the management of their respective funds shall have full power to invest and reinvest funds in the following classes of securities. and not
otherwise:
(I) Bonds, notes, or other obligations of the United States or its
agencies, or of any corporation wholly owned by the government of
the United States, or those guaranteed by, or for which the credit of
the United States is pledged for the payment of the principal and interest or dividends thereof, or the obligation of any other government
sponsored corporation whose obligations are or may become eligible
as collateral for advances to member banks as determined by the
board of governors of the federal reserve system.
(2) Bonds, debentures, notes, or other obligations issued, assumed,
or unconditionally guaranteed by the international bank for reconstruction and development, the inter-American development bank,
the Asian development bank, or by the federal national mortgage association; in addition to bonds, debentures, or other obligations issued by a federal land bank, or by a federal intermediate credit bank,
under the act of congress of July 17, 1961, known as the "Federal
Farm Loan Act", (as from time to time amended).
(3) First mortgages on unencumbered real property which are insured by the federal housing administration under the national housing act (as from time to time amended) or are guaranteed by the
veterans' administration under the servicemen's readjustment act of
1944 (as from time to time amended), or are otherwise insured or
guaranteed by the United States of America, or by an agency or instrumentality thereof to the extent that the investor protection thereby
given is essentially the same as that as provided under the foregoing
federal enactments.
(4) Conventional fee simple or leasehold first mortgages on real
property located withm the state of Washington.
(5) Bonds or other evidences of indebtedness of this state or a duly
authorized authority or agency thereof; bonds, notes, or other obligations of any municipal corporation, political subdivision or state supported institution of higher learning of this state, issued pursuant to
the laws of this state; obligations of any public housing authority or
urban redevelopment authority issued pursuant to the laws of this
state relating to the creation or operation of a public housing or urban redevelopment authority.
(6) Bonds, notes, or other obligations issued, guaranteed or assumed by any other state or municipal or political subdivision thereof.
(7) Bonds, debentures, notes or other full faith and credit obligations issued, guaranteed, or assumed as to both principal and interest
by the government of the Dominion of Canada, or by any province of
Canada, or by any city of Canada, which has a population of not less
than one hundred thousand inhabitants: Provided, That the principal
and interest thereof shall be payable in United States funds, either
unconditionally or at the option of the holder: Provided further, That
such securities are rated "A" or better by at least one nationally recognized rating agency.
(8) Bonds, debentures, notes, or other obligations of any corporation duly organized and operating in any state of the United States:
Provided, That such securities are rated "A" or better by at least one
nationally recognized rating agency.
(9) Capital notes, debentures, or other obligations of any national
or state commercial or mutual savings bank doing business in the
United States of America.
(IO) Equipment trust certificates issued by any corporation duly organized and operating in any state of the United States of America:
Provided, That the bonds or debentures of the company are rated
"A" or better by at least one nationally recognized rating agency.
0 I) Commercial paper: Provided, That it is given the highest attamable ratmg by at least two nationally recognized rating agencies.
(12) Subject to the limitations hereinafter provided, those funds
created under chapters 2.10, 2.12, 41.24, 41.26, 41.32, 41.40, and 43.43
RCW and the accident reserve fund created by RCW 51.44.010 may
be invested in the common or preferred stock or shares, whether or
no~ convertible as well _as convertible bonds and debentures of corporations _cre_ated or e~stmg under the laws of the United States, or any
state, d1stnct or temtory thereof: Provided, That:
. (a) Those trustees responsible for the management of their respectJve funds shall contract with an investment counseling firm or firms
or the trust department of a national or state chartered commercial
bank having its principal office or a branch in this state and/or the
staff of the state finance committee for the purpose of managing issues defined by subsection (12) of this section. The trustees shall receive advice which shall become part of the official minutes of the
43.88.090
Budget And Accounting
next succeeding meeting of the board. No inv~stment counseling firm
shall be engaged in buying, selling or otherwise marketing secur!tles
in which commissions or profit credits arising from these act1v1t1es
accrue to the firm during the time of its employment by the boards.
Nothing in the preceding .sentence shall be deemed to apply to the
marketing of bonds, notes or other obligations of the United States or
any agency thereof, or of a state or any municipal or political subdivision thereof by a bank in the normal course of its business.
(b) Stock investments to include convertible preferred stock investments, and investments in convertible bonds and debentures shall not
exceed twenty-five percent of the total investments (cost basis) of the
system: Provided, That in the case of the accident reserve fund created by RCW 51.44.010 such stock investments shall not exceed ten
percent of the total investments.
(c) Investment in the stock of any one corporation shall not exceed
five percent of the common shares outstanding.
(d) No single common stock investment, based on cost, may exceed
two percent of the assets of the total investments (cost basis) of the
system.
(e) Such corporation has paid a cash and/or stock dividend on its
common stock in at least eight of the ten years next preceding the
date of investment, and the aggregate net earnings available for dividends on the common stock of such corporation for the whole of such
period have been equal to the amount of such dividends paid, and
such corporation has paid an earned cash and/or stock dividend in
each of the last three years.
(f) In the case of convertible bond, debenture, and convertible preferred stock investments, the common stock into which such investments are convertible otherwise qualifies as an authorized investment
under the provisions of this section.
(g) The common stock of any corporation concerned is registered
on a national securities exchange provided in the "Securities Exchange Act of 1934" (as from time to time amended). Such registration shall not be required with respect to the following stocks:
(i) The common stock of a bank which is a member of the federal
deposit insurance corporation and has capital funds represented by
capital, surplus, and undivided profits of at least fifty million dollars.
(ii) The common stock of an insurance company which has capital
funds, represented by capital, special surplus, and unassigned surplus
of at least fifty million dollars.
(iii) Any preferred stock, as well as any convertible bond, debenture
or preferred stock.
(iv) The common stock of Washington corporations meeting all the
other qualifications except that of being registered on a national
exchange.
(13) Investments in savings and loan associations organized under
federal or state law, insured by the federal savings and loan insurance
corporation, and operating in this state, including investment in their
savings accounts, deposit accounts, bonds, debentures and other obligations or securities (except capital stock) which are insured or guaranteed by an agency of the federal government or by a private
corporation approved by the state insurance commissioner and licensed to insure real estate loans in the state of Washington; savings
deposits in commercial banks and mutual savings banks organized
under federal or state law, insured by the federal deposit insurance
corporation, and operating in this state: Provided, That the investment of any one fund in the foregoing institutions shall not exceed
the amount insured or guaranteed.
(14) Appropriate contracts of life insurance or annuities from insurers duly organized to do business in the state of Washington, if
and when such purchase or purchases would in the judgment of the
board be appropriate or necessary to carry out the purposes of this
chapter.
Subject to the above limitations, the trustees of the several funds
shall have the power to 'authorize the state finance committee to make
purchases, sales, exchanges, investments, and reinvestments, of any of
the securities and investments in which any of the funds created
herein shall have been invested, as well as the proceeds of said investments and any money belonging to said funds. (1975 !st ex.s. c
252 § I; 1973 lst ex.s. c 103 § 12.}
Reviser's note: RCW 43.84.150 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 l.12.025.
Severability--1973 1st ex.s. c 103: See note following RCW
2.10.080.
Chapter 43.85
STATE DEPOSITARIES
Sections
43.85.010
Qualifications of depositaries--Record of commission
proceedings.
43.85.010 Qualifications of depositaries--Record
of commission proceedings. Any national or state banking corporation, or other incorporated bank, or branch
banks or branches thereof, authorized to do business in
the state and approved by the public deposit protection
commissi<?n, may, upon segregating collateral as provided in RCW 39.58.050 as now or hereafter amended
and upon compliance with all other requirements of
law, become a qualified public depositary.
No state funds shall be deposited in any institution
other than a qualified public depositary except that
such funds may be deposited in exempted institutions
as defined in RCW 39.58.110 and subject to the limitations referred to therein.
The record of the proceedings of the commission
shall be kept in the office of the commission and a duly
certified copy thereof, or any part thereof, shall be admissible in evidence in any action or proceedings in any
court of this state. [1975 1st ex.s. c 77 § 7; 1973 c 126 §
15; 1969 ex.s. c 193 § 14; 1965 c 8 § 43.85.010. Prior:
1935 c 139 § l; 1927 c 304 § l; 1907 c 37 § l; RRS §
5548.]
Construction-Severability--1969 ex.s. c 193: See notes following RCW 39.58.010.
Chapter 43.88
BUDGET AND ACCOUNTING
Sections
43.88.090
43.88.110
43.88.115
43.88.160
43.88.195
43.88.205
43.88.230
43.88.902
43.88.910
Development of budget.
Expenditure programs--Allotments--Reserves.
Reductions in general fund expenditures for elected
public officials and educational agencies.
Fiscal management--Powers and duties of officers
and agencies.
Establishment of accounts or funds outside treasury
without permission of director of the office of program
planning and fiscal management prohibited.
Federal funds and programs-Participating agencies
to give notice--Progress reports.
Legislative agencies and committees deemed part of legislative branch.
Severability--1975 lst ex.s. c 293.
Effective date--1975 lst ex.s. c 293.
43.88.090 Development of budget. For purposes of
developing his budget proposals to the legislature, the
governor shall have the power, and it shall be his duty,
to require from proper agency officials such detailed estimates and other information in such form and at such
times as he shall direct. The estimates for the legislature
and the judiciary shall be transmitted to the governor
and shall be included in the budget. Estimates for the
legislature and for the supreme court shall be included
in the budget without revision. Copies of all such estimates shall be transmitted to the standing committees
on ways and means of the house and senate at the same
time as they are filed with the governor and the office of
program planning and fiscal management. In the year
11975 RCW Supp---p 4211
43.88.090
Title 43:
State Government--Executive
of the gubernatorial election, the governor shall invite
the gm ernor-elect or his designee to attend all hearings
pro\ided in RCW 43.88.100: and the governor shall
furnish the governor-elect or his designee with such information as will enable him to gain an understanding
of the state's budget requirements. The governor-elect
or his designee may ask such questions during the
hearings and require such information as he deems
necessary and may make recommendations in connection with any item of the budget which, with the governor-elect's reasons therefor, shall be presented to the
legislature in writing with the budget document. Copies
of all such estimates and other required information
shall also be submitted to the standing committees on
ways and means of the house and senate. [1975 lst ex.s.
c 293 § 5: 1973 I st ex.s. c 100 § 6; 1965 c 8 § 43.88.090.
Prior: 1959 c 328 § 9.]
43.88.115 Reductions in general fund expenditures
for elected public officials and educational agencies. Either the legislative budget committee or the standing
committees on ways and means of the house and senate
are authorized and may order reductions in general
fund expenditures for other elected public officials and
all public educational agencies and their facilities up to
the amount of reductions which are reyuired by agencies under the control of the governor, to the end that
while the independence of such elective offices and educational agencies be assured, necessary measures of
economy shall be shared by all agencies concerned with
the functions of government. [1975 1st ex.s. c 293 § 7;
1971 ex.s. c 263 § I.]
43.88.110 Expenditure programs--Allotments-Reserves. Subdivisions (I) and (2) of this section set
forth the expenditure programs and the allotment and
reserve procedures to be followed by the executive
branch.
(I) Before the beginning of the fiscal period, all agencies shall submit to the governor a statement of proposed agency expenditures at such times and in such
form as may be required by him. The statement of proposed expenditures shall show, among other things, the
requested allotments of appropriations for the ensuing
fiscal period for the agency concerned for such periods
as may be determined by the budget director for the
entire fiscal period. The governor shall review the requested allotments in the light of the agency's plan of
work and, with the advice of the budget director, he
may revise or alter agency allotments: Provided, That
revision of allotments shall not be made for agencies
headed by elective officials. The aggregate of the allotments for any agency shall not exceed the total of appropriations available to the agency concerned for the
fiscal period.
(2) Except for agencies headed by elective officials,
approved allotments may be revised during the course
of the fiscal period in accordance with the regulations
issued pursuant to this chapter. If at any time during
the fiscal period the governor shall ascertain that available revenues for the applicable period will be less than
the respective appropriations, he shall revise the allotments concerned so as to prevent the making of expenditures in excess of available revenues. To the same
end, and with the exception stated in this section for
allotments involving agencies headed by elective officials the governor is authorized to withhold and to assign to, and to remove from, a reserve status any
portion of an agency appropriation which in the governor's discretion is not needed for the allotment. No
expenditures shall be made from any portion of an appropriation which has been assigned to a reserve status
except as provided in this section.
(3) It is expressly provided that all agencies shall be
required to maintain accounting records and to report
thereon in the manner prescribed in this chapter and
under the regulations issued pursuant to this chapter.
43.88.160 Fiscal management--Powers and duties
of officers and agencies. This section sets forth the major
fiscal duties and responsibilities of officers and agencies
of the executive branch. The regulations issued by the
governor pursuant to this chapter shall provide for a
comprehensive, orderly basis for fiscal management and
control, including efficient accounting and reporting
therefor, for the executive branch of the state government and may include, in addition, such requirements
as will generally promote more efficient public management in the state.
(I) Governor; director of program planning and fiscal
management. The governor, through his director of
program planning and fiscal management, shall devise
and supervise a modern and complete accounting system for each agency to the end that all revenues, expenditures, receipts, disbursements, resources and
obligations of the state shall be properly and systematically accounted for. The accounting system shall include the development of accurate, timely records and
reports of all financial affairs of the state. The system
shall also provide for comprehensive central accounts in
the office of program planning and fiscal management.
The director of program planning and fiscal management may require such financial, statistical and other
reports as he deems necessary from all agencies covering any period.
In addition, the director of program planning and
fiscal management, as agent of the governor, shall:
(a) Make surveys and analyses of agencies with the
object of determining better methods and increased effectiveness in the use of manpower and materials; and
he shall authorize expenditures for employee training to
the end that the state may benefit from training facilities made available to state employees;
(b) Report to the governor with regard to duplication
of effort or lack of coordination among agencies;
(c) Review any pay and classification plans, and
changes thereunder, developed by any agency for their
fiscal impact: Provided, That none of the provisions of
this subsection shall affect merit systems of personnel
management now existing or hereafter established by
statute relating ~o the fixing. of qualifications requirements for recrmtment, appomtment, or promotion of
11975 RCW Supp--p 4221
[ 1975 I st ex.s. c 293 § 6; 1965 c 8 § 43.88.110. Prior:
1959 c 328 § 11.]
Budget And Accounting
employees of any agency. He shall advise and confer
with agencies including appropriate standing committees of the legislature as may be designated by the
speaker of the house and the president of the senate regarding the fiscal impact of such plans and may amend
or alter said plans. except that for the following agencies no amendment or alteration of said plans may be
made without the approval of the agency concerned:
Agencies headed by elective officials.
(d) Fix the number and classes of positions or authorized man years of employment for each agency and
during the fiscal period amend the determinations previously fixed by him except that he shall not be empowered to fix said number or said classes for the
following: Agencies headed by elective officials;
(e) Promulgate regulations to effectuate provisions
contained in subsections (a) through (d) hereof.
(2) The treasurer shall:
(a) Receive, keep and disburse all public funds of the
state not expressly required by law to be received, kept
and disbursed by some other persons: Provided, That
this subsection shall not apply to those public funds of
the institutions of higher learning which are not subject
to appropriation;
(b) Disburse public funds under his supervision or
custody by warrant or check;
(c) Keep a correct and current account of all moneys
received and disbursed by him, classified by fund or
account;
(d) Perform such other duties as may be required by
law or by regulations issued pursuant to this law.
It shall be unlawful for the treasurer to issue any
warrant or check for public funds in the treasury except
upon forms duly prescribed by the director of program
planning and fiscal management. Said forms shall provide for authentication and certification by the agency
head or his designee that the services have been rendered or the materials have been furnished; or, in the
case of payments for periodic maintenance services to
be performed on state owned equipment, that a written
contract for such periodic maintenance services is currently in effect and copies thereof are on file with the
office of program planning and fiscal management; and
the treasurer shall not be liable under his surety bond
for erroneous or improper payments so made: Provided, That when services are lawfully paid for in advance
of full performance by any private individual or business entity other than as provided for by RCW 42.24.035, such individual or entity other than central stores
rendering such services shall make a cash deposit or
furnish surety bond coverage to the state as shall be
fixed in an amount by law, or if not fixed by law, then
in such amounts as shall be fixed by the director of the
department of general administration but in no case
shall such required cash deposit or surety bond be less
than an amount which will fully indemnify the state
against any and all losses on account of breach of
promise to fully perform such services: And provided
further, That no payments shall be made in advance for
any equipment maintenance services to be performed
more than three months after such payment. Any such
bond so furnished shall be conditioned that the person,
43.88.160
firm or corporation receiving the advance payment will
apply it toward performance of the contract. The responsibility for recovery of erroneous or improper payments made under this section shall lie with the agency
head or his designee in accordance with regulations issued pursuant to this chapter.
(3) The state auditor shall:
(a) Report to the legislature the results of current post
audits that have been made of the financial transactions
of each agency; to this end he may, in his discretion,
examine the books and accounts of any agency, official
or employee charged with the receipt, custody or safekeeping of public funds. The current post audit of each
agency may include a section on recommendations to
the legislature as provided in subsection (3)(c) of this
section.
(b) Give information to the legislature, whenever required, upon any subject relating to the financial affairs
of the state.
(c) Make his official report on or before the thirtyfirst of December which precedes the meeting of the
legislature. The report shall be for the last complete fiscal period and shall include at least the following:
Determinations as to whether agencies, in making
expenditures, complied with the laws of this state: Provided, That nothing in *this act shall be construed to
grant the state auditor the right to perform performance
audits. A performance audit for the purpose of this act
shall be the examination of the effectiveness of the administration, its efficiency and its adequacy in terms of
the programs of departments or agencies as previously
approved by the legislature. The authority and responsibility to conduct such an examination shall be vested
in the legislative budget committee as prescribed in
RCW 44.28.085 as now or hereafter amended.
(d) Be empowered to take exception to specific expenditures that have been incurred by any agency or to
take exception to other practices related in any way to
the agency's financial transactions and to cause such
exceptions to be made a matter of public record, including disclosure to the agency concerned and to the
director of program planning and fiscal management. It
shall be the duty of the director of program planning
and fiscal management to cause corrective action to be
taken promptly, such action to include, as appropriate,
the withholding of funds as provided in RCW
43.88.110.
(e) Shall promptly report any irregularities to the attorney general.
(4) The legislative budget committee may:
(a) Make post audits of the financial transactions of
any agency and management surveys and program reviews as provided for in RCW 44.28.085 as now or
hereafter amended. To this end the committee may in
its discretion examine the books, accounts, and other
records of any agency, official, or employee.
(b) Give information to the legislature or any legislative committee whenever required upon any subject relating_ to the performance and management of state
agencies.
(c) Make a report to the legislature which shall include at least the following:
[1975 RCW Supp--p 4231
·B.88.160
Title 43:
State Government--Executive
(i} Determinations as to the extent to which agencies
in making expenditures have complied with the will of
the legislature and in this connection, may take exception to specific expenditures or financial practices of any
agencies; and
(ii) Such plans as it deems expedient for the support
of the state's credit, for lessening expenditures, for promoting frugality and economy in agency affairs and
generally for an improved level of fiscal management.
[1975 !st ex.s. c 293 § 8; 1975 c 40 § 11; 1973 c 104 § l;
1971 ex.s. c 170 § 4; 1967 ex.s. c 8 § 49; 1965 c 8 § 43.88.160. Prior: 1959 c 328 § 16.)
*Reviser's note: The term "this act" first appeared in 1971 ex.s. c
170, which act consists of the 1971 amendments to RCW 43.09.050,
43.09.310, 43.88.160 and to RCW 44.28.085.
Severability--1971 ex.s. c 170: See note following RCW
43.09.050.
Legislative budget committee: Chapter 44.28 RCW.
Post-audit: RCW 43.09.290-43.09.:330.
Powers and duties of director of general administration as to official
bonds: RCW 43.19.540.
State auditor, duties: Chapter 43.09 RCW.
State director of program planning and fiscal management: Chapter
43.41 RCW.
State treasurer, duties: Chapter 43.08 RCW.
43.88.195 Establishment of accounts or funds outside
treasury without permission of director of the office of
program planning and fiscal management prohibited. After August 11, 1969, no state agency, state institution,
state institution of higher education, which shall include
all state universities, state colleges, and community colleges, shall establish any new accounts or funds which
are to be located outside of the state treasury: Provided,
That the office of program planning and fiscal management shall be authorized to grant permission for the establishment of such an account or fund outside of the
state treasury only when the requesting agency presents
compelling reasons of economy and efficiency which
could not be achieved by placing such funds in the state
treasury. When the director of the office of program
planning and fiscal management authorizes the creation
of such fund or account, he shall forthwith give written
notice of the fact to the standing committees on ways
and means of the house and senate. [1975 lst ex.s. c 293
§ 9; 1969 ex.s. c 248 § 1.]
43.88.205 Federal funds and programs--Participating agencies to give notice-Progress reports. ( 1)
Whenever an agency makes application, enters into a
contract or agreement, or submits state plans for participation in, and for grants of federal funds under any
federal law, the agency making such application shall at
the time of such action, give notice in such form and
manner as the director of program planning and fiscal
management may prescribe, or the chairman of the legislative budget committee, standing committees on ways
and means of the house and senate, the chief clerk of
the house, or the secretary of the senate may request.
(2) Whenever any such application, contract, agreement, or state plan is amended, such agency shall notify
each such officer of such action in the same manner as
(1975 RCW Supp----p 4241
prescribed or requested pursuant to subsection (1) of
this section.
(3) Such agency shall promptly furnish such progress
reports in relation to each such application, contract.
agreement, or state plan as may be requested following
the date of the filing of the application, contract, agreement, or state plan; and shall also file with each such
officer a final report as to the final disposition of each
such application, contract, agreement, or state plan if
such is requested. [ 1975 l st ex.s. c 293 § 10; 1973 2nd
ex.s. c 17 § 3; 1967 ex.s. c 41 § 4.]
Acceptance of funds by governor, administration, payment of expenses, reports to legislature: RCW 43.06.120-43.06.140.
43.88.230 Legislative agencies and committees
deemed part of legislative branch. For the purposes of
this chapter, the statute law committee, the legislative
budget committee, and all legislative standing committees of both houses shall be deemed a part of the legislative branch of state government. [ 1975 1st ex.s. c 293
§ 11; 1965 c 8 § 43.88.230. Prior: 1959 c 328 § 23.]
43.88.902 Severability--1975 1st ex.s. c 293. 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 293 § 22.]
43.88.910 Effective date--1975 1st ex.s. c 293.
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 on July l, 1975.
[1975 lst ex.s. c 293 § 23.]
Chapter 43.91
AUTOMOBILE POOL
Sections
43.91.010
through 43.91.080 Repealed.
Motor vehicle transportation services for state employees: RCW 43.19.560-43.19.635.
43.91.010 through 43.91.080 Repealed. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
Chapter 43.96A
WORLD FAIR COMMISSION-OSAKA
EXPOSITION
Sectjons
43.96A.010 through 43.96A.IOO Repealed.
43.96A.900 Repealed.
43.96A.010 through 43.96A.100 Repealed. See Supplementary Table of Disposition of Former RCW Sections, this volume.
Columbia River Gorge Commission
43.96A.900 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
Chapter 43.97
COLUMBIA RIVER GORGE COMMISSION
Sections
43.97.005
43.97.020
43.97.030
43.97.040
43.97.050
43.97.060
43.97.070
43.97.080
43.97.090
43.97.900
Legislative finding and declaration.
Commission created-Members-TermsVacancies.
Preparation of plan to carry out purpose of chapterImplemcntation.
Powers and duties-Limitation.
Repealed.
Travel and subsistance.
Environmental impact statements filed with commission.
Staff services of office of planning and community affairs-Authorized.
Washington portion of Columbia River GorgeJurisdiction.
Severability-1975 1st ex.s. c 48.
43.97.005 Legislative finding and declaration. The
legislature finds that a portion of the Columbia River
Gorge is among the most valuable of the state's natural
resources and that there is great concern throughout the
state relating to its utilization, protection, preservation
and restoration. The legislature, therefore, declares that
portion of the Columbia River Gorge beginning at the
western-most boundary of the Columbia River Gorge
as described in RCW 43.97.090 and extending easterly
to include all of Section 17 and the west halves of Sections 9 and 4 in Township 2 North, Range 13 East, to
be an area of state-wide significance, wherein preference shall be given to uses which:
(1) Recognize and protect the state-wide interest.
(2) Result in long term rather than short term benefit.
(3) Protect the resources and ecology of the Gorge.
(4) Increase public access to publicly owned areas.
(5) Increase recreational opportunities for the public.
(6) Explore economic utilization.
The legislature further declares that all agencies of
state and local government, shall, in their planning and
management, give full consideration to the environmental protection and economic utilization of the
Columbia River Gorge, and the best interests of the
state and people in general, in conformity with the plan
to be prepared pursuant to RCW 43.97.030. [1975 1st
ex.s. c 48 § 4.]
43.97 .020 Commission created--Members-Terms--Vacancies. There is hereby created a nonpartisan and nonsalaried commission to be known as the
Columbia River Gorge commission consisting of six
members three of whom are residents of Skamania
county, two of whom are residents of Klickitat county,
and one of whom is a resident of Clark county, to be
appointed by the governor for six year terms and who
shall be removable at his pleasure. The term of office
shall commence January !st of the year of appointment; provided original terms shall be of such length as
to require appointment of one member to the commission annually: Provided, That the terms of any present
members of the commission shall not be reduced because of the provisions of *this 1975 amendatory act.
43.97.060
Vacancies shall be filled for the unexpired term in the
same manner as other appointments are made. [ 1975 1st
ex.s. c 48 § 1; 1965 c 8 § 43.97.020. Prior: 1959 c 74 §
2.]
*Reviser's note: "this 1975 amendatory act" consists of RCW 43.97.005, 43.97.060--43.97.090, 43.97.900, amendments to RCW 43.97.020--43.97.040, and the repeal of RCW 43.97.050.
43.97 .030 Preparation of plan to carry out purpose of
chapter--Implementation. For the purpose of preserving, developing and protecting the scenic, historical and
geological qualities of the Columbia River Gorge in a
manner which provides for environmental protection
and for economic utilization within the Gorge, the
commission shall be responsible for preparation of a
plan to accomplish the purpose of this chapter. In carrying out this responsibility, the commission is directed
to act as an advisory and coordinating body for the involvement of affected local, state and federal agencies
and of private entities for the development of the plan,
which shall be submitted to the governor for his consideration and approval. The plan may then be implemented by local government ordinances and by the
services of existing state agencies acting within their respective areas of normal responsibility. [1975 1st ex.s. c
48 § 2; 1965 c 8 § 43.97.030. Prior: 1959 c 74 § 3.]
43.97.040 Powers and duties--Limitation. The
commission shall have the following duties and powers:
(1) To acquire land in the name of the state by purchase, exchange, transfer, gift, or devise, but shall not
have the right of eminent domain.
(2) To make expenditures, from available funds for
the development, protection, and maintenance of land
and property under its control.
(3) To enter into such contracts as are necessary to
carry out the provisions of this chapter.
(4) To assist, coordinate, and cooperate with other
agencies and political subdivisions of the state, state
agencies and political subdivisions of the state of
Oregon, the federal government, special purpose districts, private organizations and individuals to the extent necessary to carry out the provisions of this
chapter.
(5) To receive any gifts, either inter vivos or testamentary in character.
(6) To review and comment on all environmental impact statements regarding developments within the
Columbia River Gorge as defined in this chapter. [ 1975
1st ex.s. c 48 § 3; 1965 c 8 § 43.97.040. Prior: 1959 c 74
§ 4.]
43.97.050 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
43.97.060 Travel and subsistance. Members of the
commission shall receive reimbursement for necessary
traveling and subsistence expenses incurred by them in
the performance of the duties of the commission as
provided for state officials and employees generally in
chapter 43.03 RCW. [1975 1st ex.s. c 48 § 5.]
11975 RCW Supp--p 425)
43.97.070
Title 43:
State Government--Executive
43.97.070 Environmental impact statements filed with
commission. All environmental impact statements relating to projects within the Columbia River Gorge ~s .defined in this chapter shall be filed with the comm1ss10n.
[1975 !st ex.s. c 48 § 6.]
43.97 .080 Staff services of office of planning and
community affairs--Authorized. The office of planning
and com~unity affairs is hereby authorized to provide
certain staff services from its existing personnel as are
feasible and necessary to assist the commission to perform its duties and powers as set forth in the provisions
of this chapter. [1975 !st ex.s. c 48 § 7.]
43.97.090 Washington portion of Columbia River
Gorge-Jurisdiction. As used in this chapter unl.ess
the context requires otherwise, the Washmgton portlon
of the Columbia River Gorge means the eighty-four
mile strip along the Washington shore of the Columbia
river, and including the islands in the W~shington _portion of the Columbia river, incorporatmg the visual
basin, consisting of the area falling within the approximate line of sight from interstate highway 80 North ~o
the hillcrests running along the course of the Colum?ia
river between Reed Island and Miller Island, and mcluding all the area between state road No: 14 and the
river bank, including all islands and port10ns there?f
lying within the Washington portion o~ the Columb.ia
river between Reed Island and Miller Island m
Klickitat county.
The area over which the Columbia River Gorge
commission shall have jurisdiction as set forth in this
chapter, shall be particularly described as follows:
All islands and portions thereof lying within the
Washington portion of the Columbia river beginning
with and including Reed Island in the west, an~ running to Miller Islan~ in the east. as well as the mai!llan?
portion of the Washmgton port1~n of the Columbia River Gorge which is an area descnbed as follows:
In township 1 north, range 4 east: All of section 21,
township 1 north, range 4 east, lying :ast of Cott?nwood Point on the bank of the Columbia; that portion
of section 16 lying to the east of a line begin?-ing at
Cottonwood Point and running north for approximately
five-eights of a mile, and thence east for approximately
one-eighth of a mile, and thence north to the no.rth
section line of section 16; all of section 22; all of sect10n
15; all of section 23; all of section 14; all of section 24;
and all of section 13.
In township 1 north, range 5 east: All of section 19,
township 1 north, range 5 east; The souther~ half and
the northwest quarter of section 18; all of sect10n 20; all
of section 17; all of section 16; the southern half and
the northeast quarter of section 9; all of se~tion 15; all
of section 10; the southeast quarter of sect10n 3; all of
section 11; all of section 2; all of section 12; and all of
section 1.
In township 2 north, range 5 east: The southern half
and the northeast quarter of section 36, township 2
north, range 5 east.
[1975 RCW Supp--p 426)
In township 1 north, range 6 east: All of section 6,
township 1 north, range 6 east; all of section 5; all of
section 4; and all of section 3.
In township 2 north, range 6 east: All of section 31.
township 2 north, range 6 east; the southeast quarter of
section 30; all of section 32; the southern half and the
northeast quarter of section 29; all of section ~3; the
southern half and the northwest quarter of sect10n 28;
all of section 34; the southern half of section 27; all of
section 35; all of section 26; the eastern half of section
23; the southeast quarter of section 14; all of section
36; all of section 25; all of section 24; and the southern
half of section 13.
In township 2 north, range 7 east: All ?f section 30,
township 2 north, range 7 east; all of sec~10n 19; all of
section 18; all of section 29; all of section 20; all of
section 17; the southeast quarter of sectio~ 18; all of
section 21; all of section 16; all of section 22; the
southern half of section 15; all of section 14; all of section 11; all of section 2; and all of section 1.
In township 3 north, range 7 east: The southeast
quarter of section 35, township 3 north, range 7. east; all
of section 36; and the southeast quarter of section 25.
In township 3 north, range 7 1/2 east: All of section
36, township 3 north, range 7 112 east; and the southern half of section 25.
In township 3 north, range 8 east: All of section 31,
township 3 north, range 8 east; the southern half and
the northeast quarter of section 30; all of section 32; all
of section 29; all of section 28; all of section 34; the
southern half and the northwest quarter of section 27;
all of section 35; the southern half of section 26; all of
section 36; and the southwest quarter of section 25.
In township 3 north, range 9 east: All of section 31,
township 3 north, range 9 east; the southeast quarter of
section 30; all of section 32; the southern half and the
northeast quarter of section 29; all .of section 33; all. of
section 28; the southern half of section 21; all of section
34; all of section 27; the southern half of section 22; all
of section 35; all of section 26; the southern half of
section 23; all of section 36; and all of section 25.
In township 3 north, range 10 east: All of section 30,
township 3 north, range 10 east; the southern half of
section 19; all of section 29; the southern half and the
northeast quarter of section 20; the eastern half of section 17; the southeast quarter of section 8; all of section
28; all of section 21; all of section 16; the southern half
of section 9; all of section 22; all of section 15; the
southern half of section 10; all of section 23; all of section 14; the southern half of section 11; all of section
25; and the southern half and the northwest quarter of
section 24.
In township 3 north, range 11 east: All of section 31,
township 3 north, range 11 east, all of section 30; the
southern half and the northeast quarter of section 19;
all of section 32; all of section 29; all of section 20; the
southwest quarter of section 17; all of section 33; the
southern half and the northwest quarter of section 28;
all of section 34; all of section 35; the southeast quarter
of section 26; all of section 36; and the southern half of
section 25.
Criminal Justice Training Commission--Boards
In township 2 north, range 12 east: All of section 3,
township 2 north, range 12 east; all of section 2; all of
section 12; and all of section 1.
In township 3 north, range 12 east: All of section 31,
township 3 north, range 12 east; the southern half of
section 30; all of section 32; the southern half of section
29; all of section 33; the southeast quarter of section
28; all of section 34; the southwest quarter of section
27; and the southern half of section 35.
In township 2 north, range 13 east: All of section 7,
township 2 north, range 13 east; all of section 6; all of
section 17; all of section 8; all of section 5; the western
half of section 9; and the western half of section 4.
In township 2 north, range 6 east: The eastern half of
section 4, township 2 north, range 6 east; the eastern
half of section 15; the southeastern quarter and the
northern half of section 10; all of section 3; the western
half of section 23; the southwestern quarter and the
northern half of section 14; all of section 11; all of section 2; the northern half of section 13; all of section 12;
and all of section 1.
In township 3 north, range 6 east: The southwestern
quarter of section 34, township 3 north, range 6 east; all
of section 36; and the southeastern quarter of section
25.
In township 2 north, range 7 east: All of section 7,
township 2 north, range 7 east; all of section 6; the
southwestern quarter and the northern half of section 8;
all of section 5; all of section 9; all of section 4; the
northern half of section 15; all of section 10; and all of
section 3.
In township 3 north, range 7 east: All of section 31,
township 3 north, range 7 east; all of section 30; all of
section 32; the southern half and the northwest quarter
of section 29; all of section 33; the southern half and
the northeastern quarter of section 28; the southeastern
quarter of section 21; all of section 34; all of section 27;
the southern half of section 22; the southwestern quarter and the northern half of section 35; all of section
26; the southern half of section 23; the southwestern
quarter and the northern half of section 25; and the
southern half of section 24.
In township 3 north, range 8 east: The southeastern
quarter of section 21, township 3 north, range 8 east;
the northeastern quarter of section 27; all of section 22;
the southern half of section 15; the northern half of
section 26; all of section 23; the southeastern quarter
and the northern half of section 25; all of section 24;
and the southern half of section 13.
In township 3 north, range 9 east: The southwestern
quarter and the northern half of section 30, township 3
north, range 9 east; _all of section 19; all of section 18;
the southern half of section 7; the northwestern quarter
of section 29; the western half of section 20; and the
western half of section 17.
In township 3 north, range 11 east: The northeastern
quarter of section 28, township 3 north, range 11 east;
the southeastern quarter of section 21; all of section 27;
the southern half and the northeastern quarter of section 22; the southwestern quarter and the northern half
of section 26; all of section 23; the southeastern quarter
Chapter 43.101
of section 14; the northern half of section 25; all of
section 24; and the southern half of section 13.
In township 3 north, range 12 east: The northern half
of section 30, township 3 north, range 12 east; all of
section 19; all of section 18; the northwestern quarter of
section 29; all of section 20; and the southern half and
the northwestern quarter of section 17.
In township 2 north, range 13 east: All of section 33,
township 2 north, range 13 east; all of section 28; all of
section 21; all of section 16; the eastern half of section
9; the eastern half of section 4; all of section 34; all of
section 27; all of section 22; all of section 15; all of
section 10; all of section 3; all of section 35; all of section 26; all of section 23; all of section 14; all of section
11; all of section 2; all of section 36; all of section 25;
all of section 24; all of section 13; all of section 12; and
all of section 1.
In township 3 north, range 13 east: The southern half
of section 34, township 3 north, range 13 east; the
southern half and the northeastern quarter of section
35; and all of section 36.
In township 2 north, range 14 east: All of section 30,
township 2 north, range 14 east; all of section 19; all of
section 18; all of section 7; all of section 6; all of section 20; all of section 17; all of section 8; all of section
5; all of section 16; all of section 9; all of section 4; all
of section 15; all of section 10; all of section 3; all of
section 14; all of section 11; all of section 2; all of section 13; all of section 12; and all of section 1.
In township 3 north, range 14 east: All of section 31,
township 3 north, range 14 east; all of section 32; and
the southern half of section 33.
In township 2 north, range 15 east: All of section 18,
township 3 north, range 15 east; all of section 7; all of
section 6; all of section 17; all of section 8; the southern
half and the northwestern quarter of section 5; all of
section 16; all of section 9; the southern half of section
4; all of section 22; all of section 15; all of section 10;
the southern half of section 3; all of section 23; all of
section 14; all of section 11; and the southern half and
the northeastern quarter of section 2. [ 1975 1st ex.s. c 48
§ 8.)
43.97.900 Severability--1975 1st ex.s. c 48. 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 48 § 10.)
Chapter 43.101
CRIMINAL JUSTICE TRAINING
COMMISSION-EDUCATION AND TRAINING
STANDARDS BOARDS
Sections
43.101.080
43.101.080
43.101.150
Commission powers and duties-Rules and regulations (as amended by 1975 !st ex.s. c 82).
Commission powers and duties-Rules and regulations (as amended by 1975 !st ex.s. c 103).
Training standards and education boards-Powers-Reports.
[1975 RCW Supp--p 427)
43.101.080
Title 43:
State Government--Executhe
·B.101.080 Commission powers and duties-Rules and regulations (as amended by 1975 1st ex.s. " 82). The commission shall have
all of the following powers:
(I) To meet at such limes and places as it may deem proper:
(2) To adopt any rules and regulations as it may deem necessary:
(3) To contract for services as it deems necessary in order to carry
out its duties and responsibilities;
(4) To cooperate with and secure the cooperation of any department, agency. or instrumentality in state, county. and city government, and other commissions affected by or concerned with the
busmess of the commission;
(5) To do any and all things necessary or convenient to enable it
fully and adequately to perform its duties and to exercise the power
granted to it;
. (6) To select and employ an executive director, and to empower
him to perform such duties and responsibilities as it may deem
necessary;
(7) To assume legal, fiscal, and program responsibility for all training conducted by the commission;
(8)_ To es~ablish, by rule and regulation, standards for the training
of cnmmal JUSlice personnel where such standards are not prescribed
by statute;
_(9)_To establish _an~ operate, or to contract with other qualified insl!tuuons or orgamzat10ns for the operation of, training and education
programs for criminal justice personnel: Provided, That the commission shall not have the power to invest any moneys received by it
from any source for the purchase or lease of a training facility without
prior approval of tbe legislature;
(10) To establish, by rule and regulation, minimum curriculum
standards for all training programs conducted for employed criminal
JUSl!ce personnel;
(11) To review and approve or reject standards for instructors of
training programs for criminal justice personnel, and to employ personnel on a temporary basis as instructors without any loss of employee benefits to those instructors;
(12) To direct the development of alternative, innovate, and interdisciplinary training techniques;
(13) To review and approve or reject training programs conducted
for criminal justice personnel and rules establishing and prescribing
minimum training and education standards recommended by the
training standards and education boards;
(14) To allocate financial resources among training and education
programs conducted by the commission;
(15) To allocate training facility space among training and education programs conducted by the commission;
(16) To issue diplomas certifying satisfactory completion of any
training or education program conducted or approved by the commission to any person so completing such a program;
(17) To provide for the employment of such personnel as may be
practical to s~~e as temporary replacements for any person engaged
ma basic trammg program as defined by the commission;
(18) To establish rules and regulations recommended by the training standards and education boards prescribing minimum standards
relating to physical, mental and moral fitness which shall govern the
recruitment of criminal justice personnel where such standards are
not prescribed by statute or constitutional provision.
All rules and regulations adopted by the commission shall be
adopted and administered pursuant to the administrative procedure
act, chapter 34.04 RCW, and the open public meetings act, chapter
42.30 RCW. [1975 Isl ex.s. c 82 § I; 1974 ex.s. c 94 § 8.)
43.101.080 Commission powers and duties-Rules and regulations (as amended by 1975 1st ex.s. c 103). The commission shall have
all of the following powers:
(I) To meet at such times and places as it may deem proper;
(2) To adopt any rules and regulations as it may deem necessary;
(3) To contract for services as it deems necessary in order to carry
out its duties and responsibilities;
(4) To cooperate with and secure the cooperation of any department, agency, or instrumentality in state, county, and city government, and other commissions affected by or concerned with the
business of the commission;
(5) To do any and all things necessary or convenient to enable it
fully and adequately to perform its duties and to exercise the power
granted to it;
(1975 RCW Supp---p 428)
(6) To select and employ an executive director, and to empower
him to perform such duties and respons1biht1es as it may deem
necessary;
(7) To assume legal, fiscal, and program responsibility for all training conducted by the commission;
(8)_ To establish, by rule and regulation. standards for the training
of cnmmal JUStlce personnel where such standards are not prescribed
by statute;
(9) To establish and operate, or to contract with other qualified institutions or organizations for the operation of, training and education
programs for criminal justice personnel and to lease for a period not
to exceed three years a training facility or facilities necessary to the
conducting of such programs: Provided, That the commission shall
not have the power to invest any moneys received by it from any
source for the purchase of a training facility without prior approval of
the legislature;
(10) To establish, by rule and regulation, minimum curriculum
standards for all training programs conducted for employed criminal
justice personnel;
(11) To review and approve or reject standards for instructors of
training programs for criminal justice personnel, and to employ personnel on a temporary basis as instructors without any loss of employee benefits to those instructors;
(12) To direct the development of alternative, innovate, and interdisciplinary training techniques;
(13) To review and approve or reject training programs conducted
for criminal justice personnel and rules establishing and prescribing
minimum training and education standards recommended by the
training standards and education boards;
(14) To allocate financial resources among training and education
programs conducted by the commission;
(15) To allocate training facility space among training and education programs conducted by the commission;
(16) To issue diplomas certifying satisfactory completion of any
train_ing or education program conducted or approved by the commission to any person so completing such a program;
(17) To provide for the employment of such personnel as may be
practical to serve as temporary replacements for any person engaged
m a basic trammg program as defined by the commission.
All rules and regulations adopted by the commission shall be
adopted and administered pursuant to the administrative procedure
act, chapter 34.04 RCW, and the open public meetings act, chapter
42.30 RCW. [1975 1st ex.s. c 103 § I; 1974 ex.s. c 94 § 8.)
Reviser's note: RCW 43.101.080 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.
43.101.150
Training
standards and education
The training standards
and educat10n boards shall have all of the following
powers:
(1) To meet at such times and places as they may
deem proper;
(2) To adopt rules and regulations as to the conduct
of their business as deemed necessary by each board;
(3) To cooperate with and secure the cooperation of
any depart~ent, agency, or instrumentality in state,
county, or city government, and commissions affected
by or concerned with the business of the commission·
(4) To do any and all things necessary or conveni~nt
to ~nable them fully and adequately to perform their
duties and to exercise the power granted to them;
(5! To advise the commission of the training and educat10n needs of criminal justice personnel within their
specific purview;
(6) To recommend to the commission standards for
th.e t_raini~g and .education of criminal justice personnel
withm their specific purview;
boards--~owers--Reports.
43.126.020
Geographic Names
(7) To recommend to the commission minimum curriculum standards for all training and education programs conducted for criminal justice personnel within
their specific purview;
(8) To recommend to the commission standards for
instructors of training and education programs for
criminal justice personnel within their specific purview;
(9) To recommend to the commission alternative, innovative, and interdisciplinary training and education
techniques for criminal justice personnel within their
specific purview;
(IO) To review and recommend to the commission
the approval of training and education programs for
criminal justice personnel within their specific purview;
(I I) To monitor and evaluate training and education
programs for criminal justice personnel within their
specific purview;
(12) To recommend to the commission minimum
standards relating to physical, mental and moral fitness
which shall govern the recruitment of criminal justice
personnel within their specific purview where such
standards are not prescribed by statute or constitutional
provision.
Each training standards and education board shall
report to the commission at the end of each fiscal year
on the effectiveness of training and education programs
for criminal justice personnel within its specific purview.
[1975 !st ex.s. c 82 § 2; 1974 ex.s. c 94 § 15.]
Chapter 43.110
MUNICIPAL RESEARCH COUNCIL
Sections
43.110.010
Council created-Membership--TermsCompensation.
43.110.010 Council created--Membership-Terms--Compensation. There shall be a state agency
which shall be known as the municipal research council.
The council shall be composed of eighteen members.
Four members shall be appointed by the president of
the senate, with equal representation from each of the
tw? major political parties; four members shall be appomted by the speaker of the house of representatives,
with equal representation from each of the two major
political parties; one member shall be appointed by the
governor, and the other nine members, who shall be
city officials, shall be appointed by the board of directors of the Association of Washington Cities. Of the
members appointed by the association, at least one
shall be an official of a city having a population of
twenty thousand or more; at least one shall be an official of a city having a population of one thousand five
hundred to twenty thousand; and at least one shall be
an official of a town having a population of less than
one thousand five hundred.
No members shall be appointed by the speaker of the
house of representatives until the second Monday in
January: 1971, and no membe~s shall be appointed by
the president of the senate until the second Monday in
January, 1973. In the meantime the governor shall appoint two additional members, one from each of the
two major political parties, and the municipal research
council shall consist of ten members only during such
interim period until January, 1971.
The terms of members shall be for two years and
shall not be dependent upon continuance in legislative
or city office. Vacancies shall be filled in the same
manner as original appointments were made. The first
members shall be appointed on or before July 31, 1969,
and shall take office August l, 1969. The terms of all
members except legislative members shall commence on
the first day of August in every odd-numbered year.
The speaker of the house of representatives and the
president of the senate shall make their appointments
on or before the third Monday in January in each oddnumbered year, and the terms of the members thus appointed shall commence on the third Monday of January in each odd-numbered year. The terms of the two
interim members appointed by the governor shall expire
on the third Monday of January in each odd-numbered
year until January, 1973, when they shall not be renewed. Certificates of appointment of all members shall
be filed in the offices of the association within ten days
after the appointments are made. The initial meeting of
the council shall be held on or before September I,
1969, and shall be called by the member who is an official of a city having a population of at least twenty
thousand who shall act as a temporary chairman. At
such first meeting, the council shall elect a chairman
and a vice chairman and appoint a secretary.
Council members shall receive no compensation but
shall be reimbursed from the municipal research account for travel expense and subsistence at rates provided by law for state officials generally: Provided, That
members of the council who are also members of the
legislature shall be reimbursed from such account at the
rates provided by RCW 44.04.120. None of the funds
derived herein from motor vehicle excise taxes shall be
used for any other expenses of the council. [ 1975 1st
ex.s. c 218 § l; 1969 c 108 § 2.]
Severability-Effective date--1969 c 108: See notes following
RCW 82.44.160.
Chapter 43.126
GEOGRAPHIC NAMES
Sections
43.126.020
State board on geographic names----CreatedMembers----Chairman.
43.126.020 State board on geographic names-Created--Members--Chairman. There is hereby
created a Washington state board on geographic names.
It shall be composed of:
(l) The state librarian or representative;
(2) The commissioner of public lands or representative who shall be chairman of the board;
(3) The president of the Washington state historical
society or representative;
(4) The chairman of the department of geography,
University of Washington or representative;
(5) _The chairman ?f t~e department of geography,
Washmgton State Umvers1ty or representative;
(1975 RCW Supp--p 4291
Title 43:
43.126.020
State Government--Executive
(6) Two members from the general public to be appointed by and serve at the pleasure of the commissioner of public lands. [1975 1st ex.s. c 26 § l; 1973 1st
ex.s. c 178 § 2.]
Title 44
ST ATE GOVERNMENT-LEGISLATIVE
Chapters
44.04 General provisions.
44.28 Legislative budget committee.
44.40 Legislative transportation committee-Senate
and house transportation and utilities
committees.
Reports to legislature
learning/language disabilities, screening for: RCW 28A.03.3/0.
learning resources services, concerning: RCW 28A.03.095.
Chapter 44.04
GENERAL PROVISIONS
Sections
44.04.125
Allowances of members-elect when attending meetings.
Eligibility of member of legislature to appointment or election to
office of official whose salary was increased during legislator's term:
RCW 3.58.010.
Studies and adoption of classifications for school district budgetsPub/ica tion: RCW 28A.03.350.
44.04.125 Allowances of members-elect when attending meetings. Each member-elect of the senate or house
of representatives who attends any meeting of the legislature or any of its committees, upon the invitation of
the committee on rules of his or her respective house,
shall be entitled to receive per diem, mileage, and incidental expense allowances at the rates prescribed in
chapter 44.04 RCW, as now or hereafter amended.
[1975 !st ex.s. c 185 § l.]
Chapter 44.28
LEGISLATIVE BUDGET COMMITIEE
Sections
44.28.060
44.28.080
44.28.085
44.28.090
44.28.100
44.28.140
44.28.150
44.28.160
Powers of committee--General.
Powers-Appropriations, expenses, revenues.
Management surveys and program reviews-Review
of state auditor's report, recommendations.
Repealed.
Powers-Reports, minutes.
Legislative auditor and other assistants-Employment-Duties of legislative auditor.
Cooperation with legislative committees and others.
Repealed.
44.28.060 Powers of committee--General. The
committee shall have the power and duty to appoint its
own chairman, vice chairman, and other officers; to
make rules and regulations for orderly procedure; to
perform, either through the legislative budget committee
or through subcommittees of the legislative budget
committee, all duties and functions relating to improving the economy, efficiency, and effectiveness of state
agency management by performance audits and other
(1975 RCW Supp--p 430)
staff studies of state government, its officers, boards.
committees, commissions, institutions, and other state
agencies. [1975 lst ex.s. c 293 § 13; 1951 c 43 § 2.]
Severability--1975 1st ex.s. c 293: See RCW 43.88.902.
Effective date--1975 1st ex.s. c 293: See RCW 43.88.910.
44.28.080 Powers--Appropriations, expenses, re\·enues. The committee shall have the following powers:
(1) To make examinations and reports concerning
whether or not appropriations are being expended for
the purposes and within the stat~tory restrictio~s provided by the legislature; concerning the economic outlook and estimates of revenue to meet expenditures;
and concerning the organization and operation of procedures necessary or desirable to promote economy, efficiency, and effectiveness in state government, its
officers, boards, committees, commissions, institutions
and other state agencies, and to make recommendations
and reports to the legislature.
(2) To make such other studies and examinations of
economy, efficiency, and effectiveness of state government and its state agencies as it may find advisable, and
to hear complaints, hold hearings, gather information
and make findings of fact with respect thereto.
(3) The committee shall have the power to receive
messages and reports in person or in writing from the
governor or any other state officials and to study generally any and all business relating to economy, efficiency, and effectiveness in state government and state
agencies. [ 1975 1st ex.s. c 293 § 14; 1955 c 206 § 10;
1951 c 43 § 4.]
Severability--1975 1st ex.s. c 293: See RCW 43.88.902.
Effective date--1975 1st ex.s. c 293: See RCW 43.88.910.
44.28.085 Management surveys and program reviews--Review of state auditor's report, recommendations. The legislative budget committee shall make
management surveys and program reviews as to every
public body, officer or employee subject to the provisions of RCW 43.09.290 through 43.09.340. The legislative budget committee may also make management
surveys and program reviews of local school districts,
intermediate school districts, and other units of local
government receiving state funds as grants-in-aid or as
shared revenues. Management surveys for the purposes
of this section shall be an independent examination for
the purpose of providing the legislature with an evaluation and report of the manner in which any public
agency, officer, administrator, or employee has discharged the responsibility to faithfully, efficiently, and
effectively administer any legislative purpose of the
state. Program reviews for the purpose of this section
shall be an examination of state or local government
programs to ascertain whether or not such programs
continue to serve their intended purposes, are conducted in an efficient and effective manner, or require modification or elimination: Provided, That nothing in this
section shall limit the power or duty of the state auditor
to report to the legislature as directed by subsection (3)
of RCW 43.88.160 as now or hereafter amended. The
authority in this section conferred excludes a like authority in the state auditor.
Transportation And Utilities Committees
The legislative budget committee shall receive a copy
of each report of examination issued by the state auditor under RCW 43.09.310, shall review all such reports,
and shall make such recommendations to the legislature
and to the state auditor as it deems appropriate. [ 1975
1st ex.s. c 293 § 15; 1971 ex.s. c 170 § 3.]
Severability--1975 1st ex.s. c 293: See RCW 43.88.902.
Effective date--1975 1st ex.s. c 293: See RCW 43.88.910.
Severability--1971 ex.s. c 170: See note following RCW
43.09.050.
44.28.090 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
44.28.100 Powers--Reports, minutes. The committee shall have the power to make reports from time
to time to the members of the legislature and to the
public with respect to any of its findings or recommendations. The committee shall keep complete minutes of
its meetings. The committee shall make and distribute
its final report to the members of the ensuing legislature
at least ten days prior to the convening of the legislature. [1975 !st ex.s. c 293 § 16; 1951 c 43 § 6.]
Severability--1975 1st ex.s. c 293: See RCW 43.88.902.
Effective date--1975 1st ex.s. c 293: See RCW 43.88.910.
44.28.140 Legislative auditor and other assistants--Employment--Duties of legislative auditor.
The committee is hereby authorized and empowered to
appoint an officer to be known as the legislative auditor, and to fix his compensation, who shall be the executive officer of the committee and assist in its duties
and shall compile information for the committee. The
committee is hereby authorized and empowered to select and employ other clerical, legal, accounting, research and other personnel that it may deem desirable
in the performance of its duties, and the compensation
and salaries shall be fixed by the legislative budget
committee.
The duties of the legislative auditor shall be as
follows:
(1) To ascertain the facts and make recommendations
to the committee and under their direction to the committees of the state legislature concerning
(a) revenues and expenditures of the state; and
(b) the organization and functions of the state, its departments, subdivisions and agencies.
(2) To assist the several standing committees of the
house and senate in consideration of legislation affecting state departments and their efficiency; to appear
before other legislative committees and to assist any
other legislative committee upon instruction by the legislative budget committee.
(3) To provide the legislature with information obtained under the direction of the legislative budget
committee.
t
(4) To maintain a record of all work performed by
the legislative auditor under the direction of the legislative budget committee and to keep and make available
all documents, data and reports submitted to him by
any legislative committee. [1975 1st ex.s. c 293 § 17;
1955 c 206 § 9; J951c43 § 11.]
44.40.020
Severability--1975 1st ex.s. c 293: See RCW 43.88.902.
Effective date--1975 1st ex.s. c 293: See RCW 43.88.910.
44.28.150 Cooperation with legislative committees
and others. The committee shall cooperate, act and
function with legislative committees and with the councils or committees of other states similar to this committee and with other interstate research organizations.
[1975 1st ex.s. c 293 § 18; 1951 c 43 § 7.]
Severability--1975 1st ex.s. c 293: See RCW 43.88.902.
Effective date--1975 1st ex.s. c 293: See RCW 43.88.910.
44.28.160 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
Chapter 44.40
LEGISLATIVE TRANSPORTATION
COMMITTEE-SENATE AND HOUSE
TRANSPORTATION AND UTILITIES
COMMITTEES
Sections
44.40.020
44.40.025
44.40.026
44.40.040
44.40.060
44.40.100
44.40.110
44.40.120
44.40.125
44.40.130
Powers, duties and studies.
Study of funds related to state transportation programs.
Repealed.
Members' allowances--Procedure for payment of
committee's expenses.
Repealed.
Contracts and programs authorized.
Review and study of taxing structure for transportation
programs and activities.
Periodic review of plans for bicycle, pedestrian and
equestrian facilities.
Studies--Additions or deletions to system--Mileage
and weight enforcement--Increase vehicle
occupancy.
Study--Third level air carrier regulations.
44.40.020 Powers, duties and studies. The committee
is authorized and directed to continue its studies and
for that purpose shall have the powers set forth in
chapter 111, Laws of 1947. The committee is further
authorized to make studies related to bills assigned to
the house and senate transportation and utilities committees and such other studies as provided by law. The
executive committee of the committee may assign responsibility for all or part of the conduct of studies to
the house and/ or senate transportation and utilities
committees. [1975 1st ex.s. c 268 § 1; 1963 ex.s. c 3 §
36.]
Powers and studies set forth in chapter 268, Laws of 1975 1st ex.s.:
"NEW SECTION. Sec. 4. The legislative transportation committee is
authorized to conduct the following studies and such other related
studies as it deems appropriate, may employ consultants, and shall
report findings and recommendations, as appropriate, to the legislature during or prior to the 1977 regular legislative session:
(I) A comprehensive review of state and national needs studies, and
of state, urban arterial, and other functional classification of highways, streets, and roads for the purpose of evaluating the consolidation of needs studies and functional classification systems. The studies
shall make use of previous applicable studies and shall make a
progress report of findings and recommendations of said evaluation
plus a defined scope of work to implement changes required to make
the consolidation, if such consolidation is deemed appropriate, to the
1976 legislative session;
(1975 RCW Supp--p 431)
44A0.020
Title 44:
State Government--Legislative
(2) Reevaluation of the necesslly for state regulation of common
and contract carriers, log carriers, dump truck operators, and agricultural product carriers;
(3) Establishing and assisting in the planning, programming. and
implementation of an mterrnodal transportation center which would
utilize existing structures on the national register of historic buildings
or appropriate alternatives, including, but not limited to, the development of master site plans and building programs and necessary studies which would enhance the interrelationship of all transportation
needs and modes;
(4) Alternatives to comply with vehicle safety inspection requirements and vehicle emission standards, taking into consideration cost
effectiveness, correlation with accidents caused by mechanical failure,
health hazards inherent in vehicle exhaust, and federal penalties for
noncompliance;
(5) Determination of the extent of use fuel tax evasion and alternative methods in addition to dye marking to avoid such evasion;
(6) Review of federal and state laws relative to regulation of mobile
homes, specifically in relation to consumer protection, and consideration combining such regulations and administration into a single
agency;
(7) In cooperation with the department of motor vehicles and the
department of revenue analyze alternative methods of determining
fair market values and depreciation schedules as an equitable basis
for determining vehicle excise tax. Recommendations for changes as
appropriate should be submitted to the 1976 legislative session;
(8) In cooperation with the trident transportation regional technical
advisory committee evaluate the impact of the trident development
upon transportation and related facilities and services in Kitsap and
adjacent counties;
(9) As part of size and weight fee schedule alternatives to be developed in conjunction with the transportation tax study include necessary statutory revisions to reflect changes in federal truck size and
weight regulations, a draft of said alternatives to be prepared for consideration at the next reconvening of the forty-fourth legislative session following August 31, 1975;
(IO) In cooperation with the department of highways conduct an
extension study of the Horn Rapids road from Kiona to Richland via
Benton City, taking into consideration seasonal traffic variations;
(l l) Evaluate the international registration plan for commercial interstate vehicles with respect to its applicability to the state of
Washington;
(12) The interrelationship of highway and railroad facilities with
respect to the potential of shifting automobile and passenger traffic to
rail facilities for the purpose of decreasing the demands for highway
facilities, including inventory of existing railroad facilities for future
potential and preliminary feasibility of contracting with Amtrak for
intrastate service;
(13) Adequacy and effectiveness of traffic and regulatory fines and
penalties as deterrents to repeated offenses;
(14) Design project to demonstrate the application of economic
pricing as a means of making more efficient use of highways;
(15) A comprehensive review and analysis of alternative means of
funding the installation of emergency traffic lights at fire district
stations;
( 16) A comprehensive review of provisions of the pilotage act;
(17) Review of respective roles of the Washington utilities and
transportation commission and the department of labor and industries with respect to railroad safety regulations;
(18) Impact of elimination of on-street parking on state-numbered
routes upon construction needs, traffic flow, and safety;
(19) A comprehensive analysis of traffic patterns and services exemplified by the state ferry system, taking into consideration previous
studies and patron interests, and with the intent of determining methods for encouraging more nonpeak usage and federal urban mass
transportation support for programs aimed at increasing passenger
usage;
(20) A comprehensive review and evaluation of the Washington
habitual traffic offender's act;
(21) A review and analysis of the interrelationship of state and federal laws and regulations with respect to administrating federal programs within the state, including but not limited to laws affecting
right-of-way and environmental protection, considering alternatives
of decentralization of administration and supervision to the state;
(22) Analysis of objectives and goals, criteria to determine manpower levels, and relationships of alternative manpower levels to output and service level indicators of the State Patrol;
11975 RCW Supp--p 4321
(23) An update review of needs. programs, and funding relative to
railroad grade crossing protection;
(24) In cooperation with the department of highways review the
landscaping practices along state highways;
(25) A review of driver licensing procedures, in general, and the
feasibility of lengthening the license period taking into consideration
safety, administrative costs, and revenue flow;
(26) A comprehensive review and evaluation of rest stops and their
management on the state's interstate system with respect to the adequacy of facilities provided to users and including the desirability of
demonstration projects for the alternative treatment and handling of
solid wastes in an economical and ecologically efficient manner;
(27) In cooperation with the Washington state highway commission, develop and evaluate short and long-range alternative plans for
implementation of a passenger-only ferry service as a major component of the total cross-Sound ferry system. The combined system
shall provide a water transportation system integrated with existing
and future land transportation systems.
Consideration during the development and evaluation of alternative
plans shall include, but not necessarily be limited to, the following:
(a) Passenger-only vessels ranging from conventional displacement
vessels to sophisticated advance marine systems craft;
(b) The impact of passenger-only vessels on assignment of existing
vehicular vessels and the impact on future vehicular vessel needs;
(c) An analysis to identify and determine the financial impact of
new markets that can be served by passenger-only vessels;
(d) Relative economic impact on the state and region, the ferry patrons, and the residents of the areas served by the ferry system;
(e) The cost of construction and a time schedule for implementing a
combined system;
(f) Fixed facilities for the accommodation and movement of foot
passengers including parking lots and landing facilities for the vessels;
(g) Impact of the short and long-range alternative plans on existing
and future land transportation systems;
(h) Short and long-term financial impact on the operations and
capital improvements of the existing system;
(i) Identification of alternative funding sources and methods of financing construction, operation, and maintenance of a combined system including revenue bonds, contribution from the motor vehicle
fund and federal-aid assistance;
(j) Public involvement;
(k) New or relocation of terminals and ferry routes;
(I) Restrictions and limitations imposed upon the ferry system by
existing federal and state statutes and the governing bond resolution;
(m) Utilization of all existing surveys, reports, and data available
concerning cross-Sound transportation.
A final report incorporating the findings and recommendations of
the legislative transportation committee and the state highway commission shall be accomplished by December I, 1975, and presented to
the next session of the legislature.
(28) A review of policies relative to providing reasonably safe bicycle tra~eling facilities adjacent to or in conjunction with public highways, m general, and on bridges and structures, in particular." (1975
!st ex.s. c 268 § 4.]
Reviser's Note: For other powers, duties and studies contained in
1975 !st ex.s. c 268, see RCW 44.40.120-44.40.130.
Powers set forth in chapter 111, Laws of 1947: "Sec. 2. The committee is hereby authorized and directed to ascertain, study and analyze all available facts and matters relating or pertaining to: (a) A
study of the policies relating to and the cost of the administration,
operation, construction and maintenance of public highways and
streets of the state, with recommendations for such changes as may be
deemed necessary;
(b) the need for and cost of bringing the highways and streets in the
state. to acceptable standards, the cost of maintaining them in such
cond1t1on, the need and cost of expanding the highway and street
systems of the state to meet the increasing demands for travel and the
demands arising from _the _changing economic and industrial development, and the deterrnmatlon of long-range programs to provide the
needed construction;
(c) the making of a study of motor vehicle taxation including the
assignment of the total highway costs among property owners, general
taxpayers and highway users;
. (d) the determination of the portion of highway and street operation and construction costs assignable to the various highway users
and classes of users so that all vehicles and classes of vehicles shall
bear their fair share of such costs;
Transportation And Utilities Committees
(e) the determination of the tax basis and rates to be exacted from
each vehicle or user;
(f) a determination of what roads should be included in the state
highway system and what changes should be made in the existing
system;
(g) other studies of motor vehicle transport economics including but
not limited to the inspection of motor vehicles to insure the safety of
operation upon the highways, the control of loads and weights for the
protection of the highway and street investments, and a study of such
other factors and conditions as may appear necessary;
(h) the revision of any and all laws bearing upon or relating to the
subject of this resolution together with the committee's recommendations for appropriate legislation. [ 1947 c 111 § 2.]
Sec. 3. The committee is authorized to act during this session of the
legislature, including any recess, and after final adjournment until the
commencement of the next regular session. It shall file a final report
not later than the 15th legislative day of the next regular session. The
committee may prepare and submit a preliminary report to the legislature at any extraordinary session which may be convened. [1947 c
111 § 3.]
Sec. 4. The committee and its members shall have and exercise all
of the rights, duties and powers conferred upon legislative committees
and their members by the provisions of chapter 6, Laws of 1895 and
chapter 33, Laws of 1897 (secs. 8178 through 8194, Rem. Rev. Stat.;
secs. 722-1, -3, -5, -7, -9, -11, -13, -15, -17, -19, -21, -23, -25, -27,
-29, -31, and -33, PPC) [chapter 44.16 RCW] and shall have additional powers: (a) To select a chairman and vice-chairman from its
membership;
(b) to employ an executive secretary and such expert, clerical and
other help as may be necessary to carry out its duties;
(c) to cooperate with and secure the cooperation of county, city and
other local law enforcement agencies in investigating any matter
within the scope of this act and to direct the sheriff of any county to
serve subpoenas, orders and other process issued by the committee;
(d) to do any and all other things necessary or convenient to enable
it fully and adequately to exercise its powers, perform its duties, and
accomplish the objects and purposes of this act." [1947 c 111 § 4.]
Reviser's note: Successive study authorizations, not codified in
RCW, are to be found in the various session laws subsequent to 1947,
for ex.ample: 1949 c 213; 1951c269; 1953 c 254; 1955 c 384; 1957 c
172; 1959 c 319; 1961 ex..s. c 21; 1963 ex..s. c 3; 1965 ex.s. c 170; 1967
ex.s. c 145; 1969 ex.s. c 281; 1970 ex.s. c 85; 1971ex.s.c195; 1973 !st
ex.s. c 210; and 1975 !st ex.s. c 268.
44.40.025 Study of funds related to state transportation programs. In addition to the powers and duties authorized in RCW 44.40.020 the committee, the standing
committees on ways and means and on transportation
and utilities of the house and senate shall, in coordination with the legislative budget committee, ascertain,
study, and/or analyze all available facts and matters
relating or pertaining to sources of revenue, appropriations, expenditures, and financial condition of the motor vehicle fund and accounts thereof, the highway
safety fund, and all other funds related to transportation programs of the state. [1975 1st ex.s. c 293 § 19;
1971 ex.s. c 195 § 2.]
Severability--1975 1st ex.s. c 293: See RCW 43.88.902.
Effective date-1975 1st ex.s. c 293: See RCW 43.88.910.
Severability--1971 ex.s. c 195: See note following RCW
44.40.010.
44.40.026 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
44.40.040 Members' allowances--Procedure for
payment of committee's expenses. The members of the
legislative transportation committee and the house and
senate transportation and utilities committees shall receive allowances while attending meetings of the committees or subcommittees and while engaged in other
44.40.110
authorized business of the committees as provided in
RCW 44.04.120. All expenses incurred by the committee, and the house and senate transportation and utilities committees, including salaries of employees of the
legislative transportation committee, shall be paid upon
voucher forms as provided by the office of program
planning and fiscal management and signed by the
chairman or vice chairman or authorized designee of
the chairman of the committee, and the authority of
said chairman or vice chairman to sign vouchers shall
continue until their successors are selected. Vouchers
may be drawn upon funds appropriated for the expenses of the committee. [1975 I st ex.s. c 268 § 3; 1971
ex.s. c 195 § 4; 1963 ex.s. c 3 § 39.]
Severability--1971 ex.s. c 195: See note following RCW
44.40.010.
44.40.060 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
44.40.100 Contracts and programs authorized. The
legislative transportation committee and/or the senate
and house transportation and utilities committees may
enter into contracts on behalf of the state to carry out
the purposes of this 1975 act [1975 1st ex.s. c 268] and
chapter 44.40 RCW; and it or they may act for the state
in the initiation of or participation in any
multigovernmental program relative to transportation
planning or programming; and it or they may enter into
contracts to receive federal or other funds, grants, or
gifts to carry out said purposes and to be used in preference to or in combination with state funds. When
federal or other funds are received, they shall be deposited with the state treasurer and thereafter expended
only upon approval by the committee or committees.
[1975 1st ex.s. c 268 § 7; 1973 1st ex.s. c 210 § 3.]
44.40.110 Review and study of taxing structure for
transportation programs and activities. The senate and
house transportation and utilities committees are authorized to undertake a review of the total taxing structure for transportation programs and activities
including:
( 1) Alternative methods of taxing fuels and establishing license and road use fees;
(2) And the equity of the taxing structure, including
but not limited to motor vehicle tonnage and excise
taxes, between various classes of vehicles and users.
Said study shall be divided into two phases, a preliminary phase for the purpose of specifically defining
the scope and guidelines of the study, and the major
study phase for the conduct of the detailed study work.
The committees are authorized to employ a consultant to conduct the study and cooperate with state and
federal government agencies in the conduct of said
study.
The findings and recommendations of the study shall
be submitted to the legislature prior to June 30, 1977.
There is hereby reappropriated from the motor vehicle fund the sum of two hundred fifty thousand dollars
or so much thereof as may be necessary to conduct the
study as originally authorized by section 4, chapter 210,
[1975 RCW Supp--p 433)
44.40.110
Title 44:
State Government--Legislative
Laws of 1973 !st ex. sess.: Provided, That no expenditure authorized by this section shall exceed the unexpended balance of the original appropriation as of June
30. 1975. [1975 !st ex.s. c 268 § 8; 1975 c 2 §I: 1973 !st
ex.s. c 210 § 4.]
44.40.120 Periodic review of plans for bicycle, pedestrian and equestrian facilities. The house and senate
transportation and utilities committees shall periodically review the six-year comprehensive plans submitted
by cities and counties for expenditures for bicycle, pedestrian. and equestrian facilities prepared pursuant to
chapter 215 (Senate Bill No. 2348), Laws of 1975 !st ex.
sess. (1975 1st ex.s. c 268 § 2.]
Reviser's note: Chapter 215, Laws of 1975 !st ex.s. is codified as
RCW 35.77.010 and 36.81.121.
44.40.125 Studies--Additions or deletions to system--Mileage and weight enforcement--Increase
vehicle occupancy. The senate and house transportation
and utilities committees and the department of highways are authorized to conduct the following studies
and to employ the services of consultants as deemed
necessary:
(I) Develop policies and guidelines for biennial state
highway commission review of highways with respect to
whether sections should be added to or deleted from the
state highway system. Said study shall include reevaluation of all designated routes, whether or not constructed with recommendations on specific routes whose
statutory designation as state routes should be
reaffirmed;
(2) In conjunction with the department of motor vehicles, the Washington state patrol, and political subdivisions, develop procedures and systems to collect and
more effectively utilize comprehensive mileage, weight,
and weight control enforcement information as bases
for design, cost allocation determination, enforcement,
and other appropriate purposes;
(3) In cooperation with appropriate agencies, evaluate
studies conducted by other states, the federal government, other countries, and industry, for the purpose of
identifying potentially effective techniques to increase
vehicle occupancy of the traveling public in general,
and of state employees in particular. Design and implement a demonstration project, as appropriate.
There is hereby appropriated from the motor vehicle
fund the sum of five hundred thousand dollars or so
much thereof as may be necessary to carry out the provisions of this section. Recommendations and/or legislation, as appropriate, shall be submitted to the
legislature and/ or agencies. [ 1975 I st ex.s. c 268 § 5.]
44.40.130 Study--Third level air carrier regulations. The senate and house transportation and utilities
committees are authorized to undertake a study of third
level air carrier regulations including, but not limited to
the following items: Route certification, guaranteed levels of service, air fare standardization, and total taxing
structure.
There is hereby appropriated from the aeronautics
account of the general fund for the biennium ending
(1975 RCW Supp--p 434)
June 30, 1977, the sum of five thousand dollars for the
purposes of this section. Recommendations and legislation, as appropriate, shall be made to the legislature.
[1975 1st ex.s. c 268 § 6.]
Title 46
MOTOR VEHICLES
Chapters
46.01 Department of motor vehicles.
46.04 Definitions.
46.08 General provisions.
46.09 All-terrain vehicles.
46.10 Snowmobiles.
46.12 Certificates of ownership and registration.
46.16 Vehicle licenses.
46.20 Drivers' licenses--Identicards.
46.37 Vehicle lighting and other equipment.
46.44 Size, weight, load.
46.52 Accidents--Reports--Abandoned vehicles.
46.61 Rules of the road.
46.64 Enforcement.
46.68 Disposition of revenue.
46.86 Interstate commercial vehicles--Single cab
cards.
46.90 Washington model traffic ordinance.
Chapter 46.01
DEPARTMENT OF MOTOR VEHICLES
Sections
46.01.140
46.01.230
County auditors, others, as agents of director--Disposition of application fees.
Payment of licenses, certificates, taxes, and fees by
check or money order authorized-RegulationsPenalty for nonsurrender upon cancellation.
46.01.140 County auditors, others, as agents of director--Disposition of application fees. The county auditor, if appointed by the director of motor vehicles shall
carry out the provisions of this title relating to the licensing of vehicles and the issuance of vehicle license
number plates under the direction and supervision of
the director and may with the approval of the director
appoint assistants as special deputies to accept applications and collect fees for vehicle licenses and transfers
and to deliver vehicle license number plates.
At any time any application is made to the director,
the county auditor or other agent pursuant to any law
dealing with licenses, certificates of ownership, registration, the right to operate any vehicle upon the public
highways of this state, the applicant shall pay to the director, county auditor or other agent a fee of one dollar
for each application in addition to any other fees required by law, which fee of one dollar, if paid to the
county auditor as agent of the director, or if paid to an
agent of the county auditor, shall be paid to the county
treasurer in the same manner as other fees collected by
the county auditor and credited to the county current
expense fund. In the event that such fee is paid to another agent of the director, such fee shall be used by
46.04.220
Definitions
Multiple lane highway.
Operator or driver.
Owner.
Park or parking.
Registered owner.
Stand or standing.
State highway.
Stop.
Stop or stopping.
Truck tractor.
Vehicle or pedestrian right of way.
Department.
Director.
such agent to defray his expenses in handling the application: Provided, That in the event such fee is collected
by the state patrol, as agent for the director, the fee so
collected shall be certified to the state treasurer and deposited to the credit of the motor vehicle fund. All such
filing fees collected by the director or branches of his
office shall be certified to the state treasurer and deposited to the credit of the highway safety fund. [1975 1st
ex.s. c 146 § 1; 1973 c 103 § 1; 1971 ex.s. c 231 § 9;
1971ex.s.c91 § 3; 1965 c 156 § 14; 1963 c 85 § 1; 1961
c 12 § 46.08.100. Prior: 1955 c 89 § 3; 1937 c 188 § 27;
RRS § 6312-27. Formerly RCW 46.08.100.]
46.04.350
46.04.370
46.04.380
46.04.381
46.04.460
46.04.555
46.04.560
46.04.565
46.04.566
46.04.650
46.04.672
46.04.690
46.04.695
Effective date-1971 ex.s. c 231: See note following RCW
46.01.130.
46.04.080 Business district. "Business district"
means the territory contiguous to and including a highway when within any six hundred feet along such highway there are buildings in use for business or industrial
purposes, including but not limited to hotels, banks, or
office buildings, railroad stations, and public buildings
which occupy at least three hundred feet of frontage on
one side or three hundred feet collectively on both sides
of the highway. [1975 c 62 § 2; 1961 c 12 § 46.04.080.
Prior: 1959 c 49 § 9: prior: 1937 c 189 § I, part; RRS §
6360-1, part; 1929 c 180 § 1, part; 1927 c 309 § 2, part;
RRS § 6362-2, part.]
46.01.230 Payment of licenses, certificates, taxes, and
fees by check or money order authorized--Regulations--Penalty for nonsurrender upon cancellation. ( 1)
The department of motor vehicles is authorized to accept checks and money orders for payment of drivers'
licenses, certificates of ownership and registration, motor vehicle excise taxes, gross weight fees and other fees
and taxes collected by the department, in accordance
with regulations adopted by the director. The director's
regulations shall duly provide for the public's convenience consistent with sound business practice and shall
encourage the annual renewal of vehicle registrations by
mail to the department, authorizing checks and money
orders for payment. Such regulations shall contain provisions for cancellation of any registrations, licenses or
permits paid for by checks or money orders which are
not duly paid and for the necessary accounting procedures in such cases: Provided, That any bona fide purchaser for value of a vehicle shall not be liable or
responsible for any prior uncollected taxes and fees
paid, pursuant to this section, by a check which has
subsequently been dishonored: And provided further,
That no transfer of ownership of a vehicle shall be denied to a bona fide purchaser for value of a vehicle if
there are outstanding uncollected fees or taxes for
which a predecessor paid, pursuant to this section, by
check which has subsequently been dishonored nor
shall the new owner be required to pay any fee for replacement vehicle license number plates that may be
required pursuant to RCW 46.16.270.
(2) Any person shall be guilty of a misdemeanor who
shall fail to surrender within ten days to the department
or any authorized agent of the department any certificate, license or permit after being notified by certified
mail that such certificate, license or permit has been
canceled pursuant to this section. [ 1975 c 52 § 1; 1965
ex.s. c 170 § 44.]
Chapter 46.04
DEFINITIONS
Sections
46.04.080
46.04.100
46.04.220
46.04.230
46.04.250
46.04.270
Business district.
Center line.
Intersection area.
Repealed.
Repealed.
Legal owner.
Severability-1975 c 62: See note following RCW 36.75.010.
46.04.100 Center line. "Center line'' means 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. [1975 c 62 § 3; 1961 c 12 § 46.04.100. Prior:
1959 c 49 § II; prior: 1937 c 189 § 1, part; RRS §
6360-1, part.]
Severability-1975 c 62: See note following RCW 36.75.010.
46.04.220 Intersection area. (1) "Intersection area"
means the area embraced within the prolongation or
connection of the lateral curb lines, or, if none then the
lateral boundary lines of the roadways of two or more
highways which join one another at, or approximately
at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle
may come in conflict.
(2) Where a highway includes two roadways thirty
feet or more apart, then every crossing of each roadway
of such divided highway by an intersecting highway
shall be regarded as a separate intersection. In the event
such intersecting highway also includes two roadways
thirty feet or more apart, then every crossing of two
roadways of such highways shall be regarded as a separate intersection.
(3) The junction of an alley with a street or highway
shall not constitute an intersection. [1975 c 62 § 4; 1961
c 12 § 46.04.220. Prior: 1959 c 49 § 23; prior: 1937 c
189 § I, part; RRS § 6360-1, part; 1929 c 180 § I, part;
1927 c 309 § 2, part; RRS § 6362-2, part.]
Severability-1975 c 62: See note following RCW 36.75.010.
(1975 RCW Supp--p 435)
46.04.230
Title 46:
Motor Vehicles
46.04.230 Repealed. See Supplementary Table of
Disposition of Former RCW Sections. this volume.
46.04.250 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
46.04.555 Stand or standing. "Stand or standing"
means the halting of a vehicle, whether occupied or not.
otherwise than temporarily for the purpose of and while
actually engaged in receiving or discharging passengers.
[1975 c 62 §IO.]
Severability-1975 c 62: See note following RCW 36.75.010.
46.04.270 Legal owner. "Legal owner" means a person having a security interest in a vehicle perfected in
accordance with chapter 46.12 RCW or the registered
owner of a vehicle unencumbered by a security interest
or the lessor of a vehicle unencumbered by a security
interest. [ 1975 c 25 § 1; 1961 c 12 § 46.04.270. Prior:
1959 c 49 § 28; prior: 1943 c 153 § 1, part; 1937 c 188 §
I, part; Rem. Supp. 1943 § 6312-1, part.]
46.04.350 Multiple lane highway. "Multiple lane
highway" means any highway the roadway of which is
of sufficient width to reasonably accommodate two or
more separate lanes of vehicular traffic in the same direction, each lane of which shall be not less than the
maximum legal vehicle width and whether or not such
lanes are marked. [1975 c 62 § 5; 1961 c 12 § 46.04.350.
Prior: 1959 c 49 § 36; prior: 1937 c 189 § 1, part; RRS
§ 6360-1. part.]
Severability-1975 c 62: See note following RCW 36.75.010.
46.04.370 Operator or driver. "Operator or driver"
means every person who drives or is in actual physical
control of a vehicle. [!975 c 62 § 6; 1967 c 32 § l; 1961
c 12 § 46.04.370. Prior: 1959 c 49 § 38; prior: (i) 1943 c
153 § I, part; 1937 c 188 § 1, part; Rem. Supp. 1943 §
6312-1, part; 1923 c 181 § 1, part; 1921 c 96 § 2, part;
RRS § 6313, part. (ii) 1937 c 189 § 1, part; RRS §
6360-1, part.]
Severability-1975 c 62: See note following RCW 36.75.010.
46.04.380 Owner. "Owner" means a person who has
a lawful right of possession of a vehicle by reason of
obtaining it by purchase, exchange, gift, lease, inheritance or legal action whether or not the vehicle is subject to a security interest and means registered owner
where the reference to owner may be construed as either to registered or legal owner. [1975 c 25 § 2; 1961 c
12 § 46.04.380. Prior: 1959 c 49 § 39; prior: 1937 c 189
§ I, part; RRS § 6360-1, part; 1929 c 180 § 1, part;
1927 c 309 § 2, part; RRS § 6362-2, part.]
46.04.381 Park or parking. "Park or parking'' means
the standing of a vehicle. whether occupied or not, otherwise than temporarily for the purpose of and while
actually engaged in loading or unloading property or
passengers. [1975 c 62 § 9.]
Severability-1975 c 62: See note following RCW 36.75.010.
46.04.460 Registered owner. "Registered owner"
means the person whose lawful right of possession of a
vehicle has most recently been recorded with the department. [1975 c 25 § 3; 1961 c 12 § 46.04.460. Prior:
1959 c 49 § 50; prior: !943 c 153 § 1, part; 1937 c 188 §
I. part; Rem. Supp. 1943 § 6312-1, part.]
(1975 RCW Supp---p 4361
46.04.560 State highway. "State highway" includes
every highway or part thereof, which has been designated as a state highway or branch thereof, by legislative enactment. [1975 c 62 § 7; 1961 c 12 § 46.04.560.
Prior: 1959 c 49 § 60; prior: 1929 c 180 § l, part; 1927 c
309 § 2, part; RRS § 6362-2, part.]
Severability-1975 c 62: See note following RCW 36.75.010.
46.04.565 Stop. "Stop" when required means complete cessation from movement. [ 1975 c 62 § 11.]
Severability-1975 c 62: See note following RCW 36.75.010.
46.04.566 Stop or stopping. "Stop or stopping" when
prohibited means any halting even momentarily of a
vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance
with the directions of a police officer or traffic control
sign or signal. [1975 c 62 § 12.]
Severability-1975 c 62: See note following RCW 36.75.010.
46.04.650 Truck tractor. "Truck tractor" means every motor vehicle designed and used primarily for
drawing other vehicles and not so constructed as to
carry a load other than a part of the weight of the vehicle and load so drawn. [1975 c 62 § 8; 1961 c 12 § 46.04.650. Prior: 1959 c 49 § 70; prior: (i) 1943 c 153 § 1,
part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312,
part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part.]
Severability-1975 c 62: See note following RCW 36.75.010.
46.04.672 Vehicle or pedestrian right of way. "Vehicle or pedestrian right of way" means the right of one
vehicle or pedestrian to proceed in a lawful manner in
preference to another vehicle or pedestrian approaching
under such circumstances of direction, speed, and
proximity as to give rise to danger of collision unless
one grants precedence to the other. [1975 c 62 § 13.]
Severability-1975 c 62: See note following RCW 36.75.010.
46.04.690 Department. The term "department" shall
mean the department of motor vehicles unless a different department is specified. (1975 c 25 § 4.]
46.04.695 Director. The term "director" shall mean
the director of motor vehicles unless the director of a
different department of government is specified. [1975 c
25 § 5.]
Chapter 46.08
GENERAL PROVISIONS
Sections
46.08.065
Publicly owned vehicles to be marked-Exceptions.
General Provisions
46.08.066
46.08.067
46.08.068
Publicly owned vehicles-Confidential license
plates-Issuance, rules governing-Review by legislative auditor.
Publicly owned vehicles-Violations concerning marking and confidential license plates.
Publicly owned vehicles-Remarking not required,
when.
46.08.065 Publicly owned vehicles to be marked-Exceptions. (I) It shall be unlawful for any public officer having charge of any vehicle other than a motorcycle owned or controlled by any county, city, town, or
public body in this state other than the state of
Washington and used in public business to operate the
same upon the public highways of this state unless and
until there shall be displayed upon such automobile or
other motor vehicle in letters of contrasting color not
less than one and one-quarter inches in height in a
conspicuous place on the right and left sides thereof,
the name of such county, city, town, or other public
body, together with the name of the department or
office upon the business of which the said vehicle is
used. This section shall not apply to vehicles of a sheriff's office, local police department, or any vehicles used
by local peace officers under public authority for special
undercover or confidential investigative purposes. This
subsection shall not apply to: (a) Any municipal transit
vehicle operated for purposes of providing public mass
transportation; nor to (b) any motor vehicle on loan to
a school district for driver training purposes. It shall be
lawful and constitute compliance with the provisions of
this section, however, for the governing body of the appropriate county, city, town, or public body other than
the state of Washington or its agencies to adopt and use
a distinctive insignia which shall be not less than six
inches in diameter across its smallest dimension and
which shall be displayed conspicuously on the right and
left sides of the vehicle. Such insignia shall be in a color
or colors contrasting with the vehicle to which applied
for maximum visibility. The name of the public body
owning or operating the vehicle shall also be included
as part of or displayed above such approved insignia in
colors contrasting with the vehicle in letters not less
than one and one-quarter inches in height. Immediately
below the lettering identifying the public entity and
agency operating the vehicle or below an approved insignia shall appear the words "for official use only" in
letters at least one inch high in a color contrasting with
the color of the vehicle. The appropriate governing
body may provide by rule or ordinance for exceptions
to the marking requirements for local governmental
agencies for the same purposes and under the same circumstances as permitted for state agencies under subsections (4) and (5) of.this section.
(2) Except as provided by subsections (3), (4), or (5)
of this section, every state office, agency, commission,
department, or institution financed in whole or in part
from funds appropriated by the legislature shall plainly
and conspicuously mark the right and left front doors
of each motor vehicle other than a motorcycle under its
ownership or control which is used on any public road
or street with the name of the operating department,
agency, or institution (or the words "state motor pool"
46.08.065
as appropriate) in letters at least one and one-quarter
inches high of a color contrasting with the color of the
vehicle. Immediately below such lettering and also in a
contrasting color shall appear the official seal of the
state of Washington, the size of which shall be not Jess
than six inches in diameter. Immediately below the official seal, or insignia if authorized under subsection (3)
of this section, shall appear the words "for official use
only" in letters at least one inch high in a color contrasting with the color of the vehicle.
(3) The department of general administration, with
the consent of the automotive policy board, may approve the use of a distinctive departmental, office,
agency, institutional, or commission insignia in lieu of
the state seal required under subsection (2) of this section. Such insignia, if approved, shall be in a color or
colors contrasting with the vehicle to which applied and
shall be not less than six inches in diameter or across its
smallest dimension. The words "State of Washington''
shall be included as part of or displayed above such
approved insignia in a color contrasting with the vehicle
in letters not less than one and one-quarter inches in
height.
(4) Any distinctive departmental, office, agency, institutional, or commission insignia approved for marking
of state vehicles by the state commission on equipment
on or before January 1, 1975, shall be approved for
continued use if it conforms to the standards imposed
by subsections (2) and (3) of this section.
(5) Subsections (2) and (3) of this section shall not
apply to vehicles used by the Washington state patrol
for general undercover or confidential investigative purposes. Traffic control vehicles of the Washington state
patrol may be exempted from the requirements of subsections (2) and (3) of this section at the discretion of
the chief of the Washington state patrol. The department of general administration, with the consent of the
automotive policy board, shall promulgate general rules
and regulations permitting other exceptions to the requirements of subsections (2) and (3) of this section for
other vehicles used for Jaw enforcement, confidential
public health work, and public assistance fraud or support investigative purposes, for vehicles leased or rented
by the state on a casual basis for a period of less than
ninety days, and those provided for in RCW
46.08.066(3). The exceptions in this subsection and
those provided for in RCW 46.08.066(3) shall be the
only exceptions permitted to the requirements of subsections (2) and (3) of this section.
(6) Any motorcycle owned or controlled by the state
of Washington or by any county, city, town, or other
public body in this state and used for public purposes
on the public highways of this state shall be conspicuously marked in letters of a contrasting color with the
words "State of Washington" or the name of such
county, city, town, or other public body, together with
the name of the department or office upon the business
of which the motorcycle is used.
(7) All motor vehicle markings required under the
terms of this chapter shall be maintained in a legible
condition at all times. [ 1975 l st ex.s. c 169 § l; 1961 c
11975 RCW Supp--p 4371
..J6.08.065
Title 46:
12 § -1-6.08.065. Prior: 1937 c 189 § 46: RRS § 6360-46.
Formerly RCW 46.36.140.]
46.08.066 Publicly owned vehicles--Confidential
license plates--lssuance, rules governing--Review
by legislathe auditor. ( l) Except as provided in subsection (3) of this section. the department of motor vehicles is authorized to issue confidential motor vehicle
license plates to units of local government and to agencies of the federal government for law enforcement
purposes only.
(2) Except as provided in subsections (3) and (4) of
this section the use of confidential plates on vehicles
owned or operated by the state of Washington by any
officer or employee thereof, shall be limited to confidential, investigative, or undercover work of state law
enforcement agencies, confidential public health work.
and confidential public assistance fraud or support
investigations.
(3) Any state official elected on a state-wide basis
shall be provided on request with one set of confidential
plates for use on official business. When necessary for
the personal security of any other public officer, or
public employee, the chief of the Washington state patrol may recommend that the director issue confidential
plates for use on an unmarked publicly owned or controlled vehicle of the appropriate governmental unit for
the conduct of official business for the period of time
that the personal security of such state official, public
officer, or other public employee may require. The office
of the state treasurer may use an unmarked state owned
or controlled vehicle with confidential plates where required for the safe transportation of either state funds
or negotiable securities to or from the office of the state
treasurer.
(4) The director of the department of motor vehicles,
with the approval of the automotive policy board established pursuant to RCW 43.19.580, may issue rules
and regulations governing applications for, and the use
of, such plates by law enforcement and other public
agencies. The legislative auditor shall periodically examine or require filing of a current listing of the total
number of such plates issued to any law enforcement or
other public agency. Reports on the utilization of such
plates shall be submitted to the legislative budget committee and to the legislature. [1975 lst ex.s. c 169 § 2.]
46.08.067 Publicly owned vehicles--Violations
concerning marking and confidential license plates. A violation of any provision of RCW 46.08.065 as now or
hereafter amended or of RCW 46.08.066 shall subject
the public officer or employee committing such violation to disciplinary action by the appropriate appointing authority or employing agency. Such disciplinary
action may include, but shall not be limited to, suspension without pay or termination of employment in the
case of repeated or continuing noncompliance. [1975 1st
ex.s. c 169 § 3.]
46.08.068 Publicly owned vehicles-Remarking not
required, when. Any vehicle properly marked pursuant
to statutory requirements in effect prior to September 8,
(1975 RCW Supp---p 4381
Motor Vehicles
1975. need not be remarked to conform to the requirements of RCW 46.08.065 through 46.08.067 until July I,
1977. [1975 lst ex.s. c 169 § 4.]
Chapter 46.09
ALL-TERRAIN VEHICLES
Sections
46.09.160
46.09.170
46.09.175
Repealed.
Refunds from motor vehicle fund-DistributionUse.
Transferred funds may be used for administration and
coordination.
46.09.160 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
46.09.170 Refunds from motor vehicle fund--Distribution--Use. From time to time, but at least once
each biennium, the director of the department of motor
vehicles shall request the state treasurer to refund from
the motor vehicle fund one percent of the motor vehicle
fuel tax revenues collected pursuant to chapter 82.36
RCW, less proper deductions for refunds and costs of
collection as provided in RCW 46.68.090. The treasurer
shall refund and place such amounts in the outdoor
recreation account of the general fund to be administered by the interagency committee for outdoor recreation, and such amounts shall be distributed to
departments of state government, to counties, and to
municipalities on a basis determined by the amount of
prese?t or proposed ATV trails or areas on which they
permit A TV use. Such distribution shall be reviewed
and may be revised by the committee at least once each
biennium. These moneys shall be expended by each
agency only for all-terrain vehicle trail and area related
expenses. [ 1975 lst ex.s. c 34 § l; 1974 ex.s. c 144 § 3;
1972 ex.s. c 153 § 15; 1971 ex.s. c 47 § 22.]
Effective date--1975 1st ex.s. c 34: "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 1, 1975." [1975 1st ex.s. c 34 §
4.]
Purpose--1972 ex.s. c 153: See RCW 67.32.080.
46.09.175 Transferred funds may be used for administration and coordination. Amounts transferred to the
outdoor recreation account pursuant to chapter 46.09
RCW may be used for the necessary administrative and
coordinative expenditures of the interagency committee
for outdoor recreation in carrying out the provisions of
RCW 46.09.110 and 46.09.170. [1975 1st ex.s. c 34 § 2.]
Effective date--1975 1st ex.s. c 34: See note following RCW
46.09.170.
Chapter 46.10
SNOWMOBILES
Sections
46.10.030
46.10.043
46.10.080
46.10.081
Operation of snowmobile without registration prohibited-Exceptions.
Registration or transfer of registration pursuant to sale
by dealer.
Distribution of snowmobile registration fees.
Appropriation for pilot program-Snow groomer.
46.10.090
Snowmobiles
46.10.090
46.10.150
46.10.190
Operating violations.
Treasurer's duty to refund snowmobile fuel tax to general fund-Crediting-Use.
General penalty-Civil liability.
46.10.030 Operation of snowmobile without registration prohibited--Exceptions. No registration shall be
required under the provisions of this chapter for the
following described snowmobiles:
(1) Snowmobiles owned and operated by the United
States, another state, or a political subdivision thereof.
(2) Snowmobiles owned and operated by this state, or
by any municipality or political subdivision thereof.
(3) A snowmobile owned by a resident of another
state if that snowmobile is registered in accordance with
the laws of the state in which its owner resides, but only
to the extent that a similar exemption or privilege is
granted under the laws of that state for snowmobiles
registered in this state: Provided, That any snowmobile
which is validly registered in another state and which is
physically located in this state for a period of more than
fifteen consecutive days shall be subject to registration
under the provisions of this chapter. [ 1975 1st ex.s. c
181 § I; 1971ex.s.c29 § 3.]
46.10.043 Registration or transfer of registration pursuant to sale by dealer. Each snowmobile dealer registered pursuant to the provisions of RCW 46.10.050 shall
register the snowmobile or, in the event the snowmobile
is currently registered, transfer the registration to the
new owner prior to delivering the snowmobile to that
new owner subsequent to the sale thereof by the dealer.
Applications for registration and transfer of registration
of snowmobiles shall be made to agents of the department authorized as such in accordance with RCW 46.01.140 and 46.01.150 as now or hereafter amended.
[1975 1st ex.s. c 181 § 4.]
46.10.080 Distribution of snowmobile registration
fees. The moneys collected by the department as snowmobile registration fees shall be distributed in the following manner:
(I) Ten percent each year for the first two years after
August 9, 1971, and five percent each year for each year
thereafter shall be retained by the department to cover
expenses incurred in the administration of this chapter.
(2) Twenty-five percent each year shall be distributed
to the treasurers of those counties of this state having
significant snowmobile use in such sums or upon such a
formula as shall be determined by the director after
consulting with and obtaining the advice of the
Washington state .association of counties, and shall be
deposited in the county parks and recreation fund and
expended for snowmobile purposes.
(3) For the first two years after August 9, 1971, fifteen
percent each year shall be remitted to the state treasurer
for deposit into the general fund and shall be credited
to the commission and shall be expended for snow removal operations at other than developed recreational
facilitie.s. Thereafter twenty percent each year shall be
so remitted for such purposes: Provided, That the unused portion of the moneys allotted to the commission
for snow removal operations at other than developed
recreational facilities, as provided for in this section and
in RCW 46.10.150, from the registration moneys and
the gasoline fuel tax, as of March I of the second year
of the biennium shall revert to the snowmobile development and operation fund of the commission, which
fund is hereby created.
(4) Fifty percent each year shall be remitted to the
state treasurer to be deposited in the general fund, and
forty percent of such fifty percent shall remain in the
general fund and shall be subject to legislative appropriation until the cumulative totals of such amounts
subject to -legislative appropriation deposited under this
section and under RCW 46.10.150 as now or hereafter
amended shall equal forty thousand dollars, or shall
equal so much of the appropriation under RCW
46.10.081 as is actually used if the entire appropriation
of forty thousand dollars is not used. The remainder of
such fifty percent shall be credited in equal amounts to
the commission, the department of natural resources,
and the department of game and shall be expended on
the development or operation of snowmobile facilities,
but not on the acquisition thereof. The commission, the
department of natural resources and the department of
game shall, not later than July 15 of each year, prepare
and submit to the Washington state parks and recreation commission an annual report which shall indicate
the purposes for which such amounts were expended.
[1975 !st ex.s. c 181 § 2; 1973 1st ex.s. c 128 § 3; 1972
ex.s. c 153 § 22; 1971 ex.s. c 29 § 8.]
Purpose--1972 ex.s. c 153: See RCW 67.32.080.
46.10.081 Appropriation for pilot program-Snow
groomer. In order to establish a pilot program of cooperation between snowmobile users, county governments,
and the state parks and recreation commission, there is
hereby appropriated to the Washington state parks and
recreation commission, forty thousand dollars or so
much thereof as may be needed from the general fund
for the purchase, operation, and maintenance of a snow
groomer for use in maintaining and improving snowmobile trails: Provided, That such forty thousand dollars or so much thereof as is actually used shall be
repaid to the general fund by June 30, 1977, from moneys available pursuant to RCW 46.10.080(4) and 46.10.150 as now or hereafter amended. The state parks and
recreation commission shall be responsible for the pilot
progr~m and shall report the results and expenses to the
standmg parks and recreation committees prior to the
1977 legislative session. [1975 !st ex.s. c 181 § 7.]
46.10.090 Operating violations. It shall be unlawful
for any person to operate any snowmobile:
(1) At a rate of speed greater than reasonable and
prudent under the existing conditions.
(2) While under the influence of intoxicating liquor or
narcotics or habit forming drugs.
(3) In a manner so as to endanger the person or
property of another.
(4) Without a lighted headlight and taillight between
the hours of dusk and dawn, or when otherwise required for the safety of others.
[1975 RCW Supp---p 439)
46.10.090
Title 46:
(5) \\'ithout an adequate braking device which may
be operated either by hand or foot.
(6) Without an adequate and operating muffling de\'ice which shall effectivel\ blend the exhaust and motor
noise in such a manner so as to preclude excessive or
unusual noise, and, on snowmobiles manufactured after
January 4, 1973, which shall effectively maintain such
noise at a level of eighty-two decibels or below on the
"A" scale at one hundred feet under testing procedures
as established by the Washington state patrol; except
snowmobiles used in organized racing events in an area
designated for that purpose may use a bypass or cutout
device.
(7) Upon the paved portion or upon the shoulder or
inside bank or slope of any public roadway or highway,
or upon the median of any divided highway, except as
provided in RCW 46.10.100 and 46.10.110.
(8) In any area or in such a manner so as to expose
the underlying soil or vegetation, or to injure, damage,
or destroy trees or growing crops.
(9) Without a current registration decal affixed thereon, if not exempted under RCW 46.10.030 as now or
hereafter amended. [ 1975 l st ex.s. c 181 § 5; 1971 ex.s. c
29 § 9.]
46.10.150 Treasurer's duty to refund snowmobile fuel
tax to general fund--Crediting--Use. From time to
time, but at least once each biennium, the director shall
request the state treasurer to refund from the motor vehicle fund amounts which have been determined to be a
tax on snowmobile fuel, and the treasurer shall refund
such amounts and place them in the general fund;
twenty-five percent of such amounts shall be credited
to the commission and shall be expended by it for snow
removal operations at other than developed recreational
facilities; seventy-five percent of such amounts shall be
credited as follows: Forty percent of such seventy-five
percent to the general fund to be subject to legislative
appropriation until the cumulative totals of such
amounts subject to legislative appropriation under this
section and under RCW 46.10.080(4) as now or hereafter amended shall equal forty thousand dollars, or
shall equal so much of the appropriation under RCW
46.10.081 as is actually used if the entire appropriation
of forty thousand dollars is not used. The remainder of
such seventy-five percent shall be credited in equal
amounts, to the commission, department of natural resources, and the department of game, and shall be expended for the development and/or operation, but not
acquisition, of snowmobile facilities. [ 1975 l st ex.s. c
181 § 3; 1973 lst ex.s. c 128 § 4; 1971 ex.s. c 29 § 15.]
Appropriation--1971 ex.s. c 29: See note following RCW
46.10.010.
46.10.190 General penalty--Civil liability. (l) Except as provided in RCW 46.10.130, any person violating the provisions of this chapter shall be guilty of a
misdemeanor: Provided, That the penalty for failing to
have a registration decal under RCW 46.10.090 as now
or hereafter amended shall, upon conviction, be a fine
of twentY-fiw dollars.
[1975 RCW Supp--p
4401
Motor Vehicles
(2) In addition to the penalties provided in subsection
( l) of this section, the operator and/ or the owner of any
snowmobile used with the permission of the owner shall
be liable for three times the amount of any damage to
trees, shrubs, growing crops, or other property injured
as the result of travel by such snowmobile over the
property involved. [1975 !st ex.s. c 181 § 6; 1971 ex.s. c
29 § 19.]
Chapter 46.12
CERTIFICATES OF OWNERSHIP AND
REGISTRATION
Sections
46.12.010
46.12.020
46.12.030
46.12.040
46.12.050
46.12.060
46.12.120
46.12.160
46.12.170
46.12.230
Certificates required to operate and sell vehiclesManufacturers or dealers, security interest, how
perfected.
Prerequisite to issuance of vehicle license and plates.
Certificate of ownership--Application---Contents-Inspection of vehicle.
Certificate of ownership--Application and inspection
fees.
Issuance of certificates---Contents.
Procedure when identification number altered or
obliterated.
Duty when purchaser or transferee is a dealer.
Director may refuse or cancel certificate--Penalty.
Procedure when security agreement is placed on vehicle.
Permit to licensed wrecker to junk vehicle-Fee.
46.12.010 Certificates required to operate and sell
vehicles--Manufacturers or dealers, security interest,
how perfected. It shall be unlawful for any person to
operate any vehicle in this state under a certificate of
license registration of this state without securing and
having in full force and effect a certificate of ownership
therefor that contains the name of the registered owner
exactly as it appears on the certificate of license registration and it shall further be unlawful for any person
to sell or transfer any vehicle without complying with
all the provisions of this chapter relating to certificates
of ownership and license registration of vehicles: Provided, No certificate of title need be obtained for a vehicle owned by a manufacturer or dealer and held for
sale, even though incidentally moved on the highway or
used for purposes of testing and demonstration, or a
v~hicle used by a manufacturer solely for testing: Provided, That a security interest in a vehicle held as inventory by a manufacturer or dealer shall be perfected
in accordance with RCW 62A.9-302(1) and no endorsement on the certificate of title shall be necessary
fo~ p~rfection: And provided further, That nothing in
this title shall be construed to prevent any person entitled thereto. from securing a certificate of ownership
upon a vehic_le other than a travel trailer or camper
without securmg a certificate of license registration and
vehicle license plates, when, in the judgment of the director of motor vehicles, it is proper to do so. [ 1975 c 25
§ 6; 1967 c 140 § l; 1967 c 32 § 6; 1961 c 12 § 46.12.010. Prior: 1937 c 188 § 2; RRS § 6312-2.]
Effective date----1967 c 140: "This act shall become effective at
midnight on June 30, 1967. It applies to transactions entered into and
events occurring after that date." [1967 c 140 § 11.) This applies to
RCW 46.12.005, 46.12.010, 46.12.095, 46.12.101, 46.12.120, 46.12.130,
46.12.151, 46.12.170 and 46.12.181.
Certificates of Ownership And Registration
Definitions: See RCW 46.12.005.
46.12.020 Prerequisite to issuance of vehicle license
and plates. No vehicle license number plates or certificate of license registration, whether original issues or
duplicates, shall be issued or furnished by the department unless the applicant therefor shall at the same
time make satisfactory application for a certificate of
ownership or shall present satisfactory evidence that
such a certificate of ownership covering such vehicle
has been previously issued. [ 1975 c 25 § 7: 1967 c 32 §
7; 1961 c 12 § 46.12.020. Prior: 1947 c 164 § I, p~ut;
1937 c 188 § 3, part; Rem. Supp. 1947 § 6312-2, part.]
46.12.030 Certificate of ownership--Applicat!on--Con!ents--Inspection of vehicle. The application for certificate of ownership shall be upon a blank
form to be furnished by the department and shall
contain:
(I) A full description of the vehicle, which said description shall contain the proper vehicle identification
number, the number of miles indicated on the odometer
at .th~ time of del~very of the vehicle, and any distingmshmg marks of identification;
(2) ~he name and address of the person who is to be
the registered owner of the vehicle and, if the vehicle is
subject to a security interest, the name and address of
the secured party;
(3~ Such o!her information as the department may
reqmre:. Prov1~~d, That the department may in any instance, m addition to the information required on said
applicati~n, ~equire additional information and a physical examination of the vehicle or of any class of vehicles, . or .either: Prov~ded further, That a physical
examma_tion of .the vehicle is mandatory if it previously
was registered m any other state or country. The inspection must verify that the vehicle identification
number is genuine and agrees with the number shown
on the foreign title and registration certificate. If the
vehicle is from a jurisdiction that does not issue titles,
the inspection must verify that the vehicle identification
number is genuine and agrees with the number shown
on the registration certificate. The inspection must also
confirm that the license plates on the vehicle are those
assigned to the vehicle by the jurisdiction in which the
vehicle was previously licensed. The inspection must be
made by a member of the Washington state patrol or
other person authorized by the department to make
such inspections.
Such application shall be subscribed by the registered
own~r and be sworn to by that person before a notary
pubhc or other officer authorized by law to take acknow~edgments of ~eeds, or other person authorized by
the director to certify to the signature of the applicant
upon such application. [1975 c 25 § 8; 1974 ex.s. c 128 §
1; 1972 ex.s. c 99 § 2; 1967 c 32 § 8; 1961 c 12 § 46.12.030. Prior: 1947 c 164 § 1, part; 1937 c 188 § 3, part;
Rem. Supp. 1947 § 6312-2, part.]
Effective date---1974 ex.s. c 128: "This 1974 amendatory act shall
take effect July 1, 1974." (1974 ex.s. c 128 § 3.]
46.12.060
46.12.040 Certificate of ownership--Application
and inspection fees. The application accompanied by a
draft, money order, or certified bank check for one dollar, together with the last preceding certificates or other
satisfactory evidence of ownership, shall be forwarded
to the director.
The fee shall be in addition to any other fee for the
license registration of the vehicle. The certificate of
ownership shall not be required to be renewed annually,
or at any other time, except as by law provided.
In addition to the application fee and any other fee
for the license registration of a vehicle, there shall be
collected from the applicant an inspection fee of ten
dollars whenever physical examination of the vehicle is
required as a part of the vehicle licensing or titling
process.
These fees shall be certified to the state treasurer and
deposited to the credit of the motor vehicle fund. [ 1975
1st ex.s. c 138 §I; 1974 ex.s. c 128 § 2; 1961c12 § 46.12.040. Prior: 1951 c 269 § 1; 1947 c 164 § 1, part;
1937 c 188 § 3, part; Rem. Supp. 1947 § 6312-3, part.]
Effective date-1974 ex.s. c 128: See note following RCW
46.12.030.
46.12.050 Issuance of certificates--Contents. The
depa_rtm.ent, if satisfied from the statements upon the
app.hcation that the applicant is the legal owner of the
vehicle or otherwise entitled to have the certificate of
ownership thereof in the applicant's name, shall thereupon .issue ~n appropriate certificate of ownership, over
the director s signature, authenticated by seal, and a
new certificate of license registration if certificate of license registration is required.
Both the certificate of ownership and the certificate of
license registration shall contain upon the face thereof,
the date of application, the registration number assigned to the registered owner and to the vehicle, the
name and address of the registered owner and legal
owner, the vehicle identification number, and such other description of the vehicle and facts as the department
shall require, and in addition thereto, if the vehicle described in such certificates shall have ever been licensed
~nd operated as an exempt vehicle or a taxicab, or if it
is less than four years old and has been rebuilt after
having been totaled out by an insurance carrier, such
fact shall be clearly shown thereon.
A blank space shall be provided on the face of the
certificate of license registration for the signature of the
registered owner.
Upon i.ssuance of the certificate of license registration
and certificate of ownership and upon any reissue
thereof, the department shall deliver the certificate of
license registration to the registered owner and the certificate of ownership to the legal owner, or both to the
person who is both the registered owner and legal owner. [1975 c 25 § 9; 1967 c 32 § 9; 1961c12 § 46.12.050.
Prior: 1959 c 166 § l; 1947 c 164 § 2; 1937 c 188 § 4;
Rem. Supp. 1947 § 6312-4.]
46.12.060 Procedure when identification number alor obliterated. Before the department shall issue a
certificate of ownership, or reissue such a certificate,
tere~
(1975 RCW Supp--p 441)
46.12.060
Title 46:
covering any vehicle, the identification number of
which has been altered. removed, obliterated, defaced.
omitted. or is otherwise absent. the registered owner of
the vehicle shall file an application with the department,
accompanied by a fee of five dollars, upon a form provided, and containing such facts and information as
shall be required by the department for the assignment
of a special number for such vehicle. Upon receipt of
such application, the department, if satisfied the applicant is entitled to the assignment of an identification
number, shall designate a special identification number
for such vehicle, which shall be noted upon the application therefor, and likewise upon a suitable record of
the authorization of the use thereof, to be kept by the
department. This assigned identification number shall
be placed or stamped in a conspicuous position upon
the vehicle in such manner and form as may be prescribed by the department. Upon receipt by the department of a certificate by an officer of the Washington
state patrol, or other person authorized by the department, that the vehicle has been inspected and that the
identification number or the special number plate, has
been stamped or securely attached in a conspicuous
position upon the vehicle, accompanied by an application for a certificate of ownership or application for reissue of such certificate and the required fee therefor.
the department shall use such number as the numerical
or alpha-numerical identification marks for the vehicle
in any certificate of license registration or certificate of
ownership that may thereafter be issued therefor. [ 1975
c 25 § 10; 1974 ex.s. c 36 § 1; 1961 c 12 § 46.12.060.
Prior: 1959 c 166 § 3; prior: 1951 c 269 § 2; 1947 c 164
§ 3(a); 1939 c 182 § l(a); 1937 c 188 § 5(a); Rem. Supp.
1947 § 6312-5(a).]
Effective date-1974 ex.s. c 36: "This 1974 amendatory act shall
take effect on July I, 1974." (1974 ex.s. c 36 § 2.]
Defacement of motor serial number: RCW 9.54.030.
46.12.120 Duty when purchaser or transferee is a
dealer. If the purchaser or transferee is a dealer he shall,
on selling or otherwise disposing of the vehicle,
promptly execute the assignment and warranty of title,
in such form as the director shall prescribe, including
recording on the application the odometer reading as
recorded by the previous owner on the title at the time
the dealer obtained the vehicle or, if the previous owner
failed to record the mileage on the title, the dealer shall
attach a signed statement attesting to the odometer
reading as it appeared on the vehicle at the time the
vehicle was obtained by the dealer. Such assignment
and warranty shall show any secured party holding a
security interest created or reserved at the time of resale, to which shall be attached the assigned certificates
of ownership and license registration received by the
dealer, and mail or deliver them to the department with
the transferee's application for the issuance of new certificates of ownership and license registration: Provided,
That the title certificate issued for a vehicle possessed
by a dealer and subject to a security interest shall be
delivered to the secured party who upon request of the
dealer's transferee shall, unless the transfer was a
f1975 RCW Supp--p 442)
Motor Vehicles
breach of his security agreement, either deliver the certificate to the transferee for transmission to the department, or upon receipt from the transferee of the owner's
bill of sale or sale document, the transferee's application for a new certificate and the required fee, mail or
deliver to the department: And provided further, That
failure of a dealer to deliver the title certificate to the
secured party does not affect perfection of the security
interest. [1975 c 25 § 11; 1972 ex.s. c 99 § 3; 1967 c 140
§ 2; 1961 c 12 § 46.12.120. Prior: 1959 c 166 § 10; prior:
1947 c 164 § 4(c); 1937 c 188 § 6(c); Rem. Supp. 1947 §
6312-6(c).]
Effective date-1967 c 140: See note following RCW 46.12.010.
Definitions: See RCW 46.12.005.
46.12.160 Director may refuse or cancel certificate--Penalty. If the director determines at any time
that an applicant for certificate of ownership or for a
certificate of license registration for a vehicle is not entitled thereto, he may refuse to issue such certificate or
to license the vehicle and he may, for like reason, after
notice, and in the exercise of discretion, cancel license
registration already acquired or any outstanding certificate of ownership. The notice shall be served personally
or sent by certified mail return receipt requested. It
shall then be unlawful for any person to remove, drive,
or operate the vehicle until a proper certificate of ownership or license registration has been issued and any
person removing, driving, or operating such vehicle after the refusal of the director to issue certificates or the
revocation thereof shall be guilty of a gross misdemeanor. [1975 c 25 § 12; 1961 c 12 § 46.12.160. Prior:
1959 c 166 § 14; prior: 1947 c 164 § 4(g); 1937 c 188 §
6(g); Rem. Supp. 1947 § 6312-6(g).]
46.12.170 Procedure when security agreement is
placed on vehicle. If, after a certificate of ownership is
issued, a security agreement is placed on the vehicle
described therein, the registered owner or secured party
shall, within ten days thereafter, present an application
to the department, signed by the registered owner and
the secured party, to which shall be attached the certificate of license registration and the certificate of ownership last issued covering the vehicle, which application
shall be upon a form provided by the department and
shall be accompanied by a fee of one dollar. The department, if satisfied that there should be a reissue of
the certificates, shall note such change upon the vehicle
records and issue to the registered owner a new certificate of license registration and to the secured party a
new certificate of ownership.
Whenever there is no outstanding secured obligation
and no commitment to make advances and incur obligations or otherwise give value, the secured party must
assign the certificate of ownership to the debtor or the
debtor's assignee and transmit the certificate to the department with an accompanying fee of one dollar. The
department shall then issue a new certificate of ownership and transmit it to the owner. If the affected secured party fails to either assign or transmit the
certificate of ownership to the debtor within ten days
after proper demand, that secured party shall be liable
Vehicle Licenses
to the debtor for one hundred dollars, and in addition
for any loss caused to the debtor by such failure. [ 1975
c 25 § 13; 1967 c 140 § 4; 1961 c 12 § 46.12.170. Prior:
1951 c 269 § 4; 1947 c 164 § 5; 1939 c 182 § 2; 1937 c
188 § 7; Rem. Supp. 1947 § 6312-7.]
Effective date--1967 c 140: See note following RCW 46.12.010.
Definitions: See RCW 46.12.005.
46.12.230 Permit to licensed wrecker to junk vehicle--Fee. Any licensed wrecker in possession of a
motor vehicle ten years old or older, and ownership of
which or whose owner's residence is unknown, may apply to the department for a permit to junk or wreck
such motor vehicle, or any part thereof. Upon such application. a permit may be issued by the department,
upon receipt of a fee of one dollar, in a form to be prescribed by the department to authorize such wrecker to
wreck or junk such vehicle, or any part thereof. [ 1975 c
25 § 14; 1967 c 32 § 13; 1961 c 12 § 46.12.230. Prior:
1957 c 273 § 12.]
Chapter 46.16
VEHICLE LICENSES
Sections
46.16.006
46.16.020
46.16.040
46.16.060
46.16.065
46.16.079
46.16.080
46.16.100
46.16.130
46.16.135
46.16.137
46.16.210
46.16.210
46.16.220
46.16.225
46.16.230
46.16.270
46.16.320
46.16.380
46.16.505
46.16.505
46.16.560
46.16.565
46.16.570
46.16.585
"Registration year", defined--Registration months
and quarters--"Last day of the month". (Effective
January I, 1977.)
Exemptions--State and publicly owned vehicles-Registration.
Form of application--Contents.
License fee, general--House moving dollies. (Effective
January I, 1977.)
Small trailer license fee--Conditions. (Effective January 1, 1977.)
Fixed load vehicle equipped for lifting or towing--Fee
in lieu.
Fixed load machines--Fee in lieu--Exception.
Special permits for single movement--Fee.
Reduction of fees for fractional year. (Effective January
1, 1977.)
Quarterly license--Penalty. (Effective January I,
1977.)
Monthly license for transportation of logs--Penalty.
(Effective January l, 1977.)
Original applications--Renewals--F ees--Preissuance, when (as amended by 1975 1st ex.s. c 118).
(Effective January 1, 1977.)
Original applications--Renewals--Fees--Preissuance, when (as amended by 1975 lst ex.s. c 169).
Time of renewal of licenses--Duration. (Effective January 1, 1977.)
Vehicle registration periods may be adjusted to stagger
renewal periods. (Effective January l, 1977.)
License plates to be furnished.
Loss, defacement, or destruction of plates--Replacement fee ..
License plates for amateur radio operators--Fees-Deposit. (Effective January l, 1977.)
Cards and decals for certain disabled persons-Qualifications--Transfer of vehicle--Rules-Penalty.
Campers--License and plates--Application--Fee.
(Effective until January I, 1977.)
Campers--License and plates--Application--Fee.
(Effective January I, 1977.)
Personalized license plates--Defined.
Personalized license plates--Application.
Personalized license plates--Design.
Personalized license plates--Fees--Renewal-Penalty.
46.16.590
46.16.595
46.16.020
Personalized license plates--Transfer fees.
Personalized license plates--Transfer or surrender of
plates upon sale or release of vehicle ownershipPenalty.
Publicly owned vehicles, confidential license plates: RCW 46.08.06646.08.068.
46.16.006 "Registration year", defined--Registration months and quarters--"Last day of the month".
(Effective January 1, 1977.) (1) The term "registration
year" for the purposes of chapters 46.16, 82.44, and 82.50 RCW shall mean the effective period of a vehicle license issued by the department. Such year shall
commence at 12:01 a.m. on the date of the calendar
year designated by the department and shall end at
12:01 a.m. on the same date of the next succeeding calendar year.
(2) Each registration year may be divided into twelve
registration months. Each registration month shall
commence on the day numerically corresponding to the
day of the calendar month on which the registration
year begins, and shall terminate on the numerically
corresponding day of the next succeeding calendar
month.
(3) Each registration year may be divided into four
registration quarters, each consisting of three registration months. The first quarter shall commence with
registration month one.
(4) Where the term "last day of the month" is utilized
in chapters 46.16, 82.44, and 82.50 RCW in lieu of a
specified day of any calendar month it shall mean the
last day of such calendar month or months irrespective
of the numerical designation of that day.
(5) In the event the final day of a registration year,
quarter, or month falls on a Saturday, Sunday, or legal
holiday, such period shall extend through the end of the
next business day. [1975 1st ex.s. c 118 § l.]
Effective date--1975 1st ex.s. c 118: "This 1975 amendatory act
shall take effect on January 1, 1977: Provided, That the director of
the department of motor vehicles may, prior to such effective date,
undertake and perform duties and conduct activities necessary for the
timely implementation of this 1975 amendatory act on such date."
(1975 1st ex.s. c 118 § 19.]
Severability--1975 1st ex.s. c 118: "If any provision of this 1975
amendatory act is declared unconstitutional, or the applicability
thereof to any person or circumstances is held invalid, the constitutionality of the remainder of this 1975 amendatory act and the applicability thereof to persons and circumstances shall not be affected
thereby." [1975 !st ex.s. c 118 § 18.]
The foregoing annotations apply to RCW 46.16.060, 46.16.065, 46.16.130--46.16.137, 46.16.210, 46.16.220, 46.16.320, 46.16.505, 82.44.040, 82.44.045, 82.44.060, 82.50.400, 82.50.410, and 82.50.460 and the
enactment of RCW 46.16.006 and 46.16.225.
46.16.020 Exemptions--State and publicly owned
vehicles--Registration. Any vehicle owned, rented, or
leased by the state of Washington, or by any county,
city, town, school district, or other political subdivision
of the state of Washington and used exclusively by
them, and all vehicles owned or leased with an option
to purchase by the United States government, or by the
government of foreign countries, or by international
bodies to which the United States government is a signatory by treaty, and used exclusively in its or their
service shall be exempt from the payment of license fees
(1975 RCW Supp--p 4431
46.16.020
Title 46:
Motor Vehicles
for the licensing thereof as in this chapter provided:
Provided. however. That such vehicles, except those
l)wned and used exclusively by the United States government and which are identified by clearly exhibited
registration numbers or license plates assigned by an
instrumentality of that government, shall be registered
as prescribed for the license registration of other vehicles and shall display the vehicle license number plates
assigned to it. The department shall assign a plate or
plates to each vehicle or may assign a block of plates to
an agency or political subdivision for further assignment by the agency or political subdivision to individual vehicles registered to it pursuant to this section. The
agency or political subdivision, except a foreign government or international body, shall pay a fee of two
dollars for the plate or plates for each vehicle: Provided. further, That no vehicle license or license number
plates shall be issued to any such vehicle under the
provisions of this section for the transportation of
school children unless and until such vehicle shall have
been first personally inspected by the director or his
duly authorized representative. [1975 1st ex.s. c 169 § 5;
1973 1st ex.s. c 132 § 22: 1967 c 32 § 14; 1965 ex.s. c
106 § I; 1961 c 12 § 46.16.020. Prior: 1939 c 182 § 4;
1937 c 188 § 21; RRS § 6312-21; 1925 ex.s. c 47 § 1;
1921 c 96 § 17; 1919 c 46 § 2; 1917 c 155 § 12; 1915 c
142 § 17; RRS § 6329.]
Severability-1973 1st ex.s. c 132: See RCW 46.16.900, 46.70.920.
46.16.040 Form of application--Contents. Application for original vehicle license shall be made on form
furnished for the purpose by the department. Such application shall be made by the owner of the vehicle or
duly authorized agent over the signature of such owner
·or agent, and the applicant shall certify that the statements therein are true to the best of the applicant's
knowledge. The application must show:
( 1) Name and address of the owner of the vehicle
and, if the vehicle is subject to a security agreement, the
name and address of the secured party;
(2) Trade name of the vehicle, model, year, type of
body, the identification number thereof;
(3) The power to be used--whether electric, steam,
gas or other power;
(4) The purpose for which said vehicle is to be used
and the nature of the license required;
(5) The maximum gross license for such vehicle
which in case of for hire vehicles and auto stages shall
be the maximum adult seating capacity thereof, exclusive of the operator, and in cases of motor trucks, truck
tractors, trailers and semitrailers shall be the maximum
gross weight declared by the applicant pursuant to the
provisions of RCW 46.16.111;
(6) The weight of such vehicle, if it be a motor truck
or trailer, which shall be the shipping weight thereof as
given by the manufacturer thereof unless another
weight is shown by weight slip verified by a certified
weighmaster, which slip shall be attached to the original
application;
(7) Such other information as shall be required upon
such application by the director. [ 1975 c 25 § 15; 1969
ex.s. c 170 § 2. Prior: 1967 ex.s. c 83 § 59; 1967 c 32 §
(1975 RCW Supp--p 444)
16; 1961c12 § 46.16.040; prior: 1947 c 164 § 8; 1937 c
188 § 29; Rem. Supp. 1947 § 6312-29; 1921 c 96 § 5;
1919 c 178 § I; 1919 c 59 § 4; 1915 c 142 § 5; RRS §
6316.]
Effective dates-1967 ex.s. c 83: See RCW 47.26.910.
Severability-1967 ex.s. c 83: See RCW 47.26.900.
46.16.060 License fee, general--House moving
dollies. (Effective January 1, 1977.) Except as otherwise specifically provided by law for the licensing of
vehicles, there shall be paid and collected annually for
each registration year or fractional part thereof and
upon each vehicle a license fee or, if the vehicle was
previously licensed in this state and has not been registered in another jurisdiction in the intervening period, a
renewal license fee. Such license fee shall be in the sum
of thirteen dollars and forty cents, and such renewal fee
shall be in the sum of nine dollars and forty cents: Provided, however, That the fee for licensing each house
moving dolly which is used exclusively for moving
buildings or homes on the highway under special permit
as provided for in chapter 46.44 RCW, shall be twentyfive dollars and no other fee shall be charged for the
load carried thereon. [ 197 5 1st ex.s. c 118 § 3; 1969 ex.s.
c 170 § 3; 1969 c 99 § 5; 1965 c 25 §I; 1961 ex.s. c 7 §
9; 1961 c 12 § 46.16.060. Prior: 1957 c 105 § 1; 1955 c
384 §II; 1951c150 § 17; 1949 c 220 § 8; 1937 c 188 §
16; 1931 c 140 § 1; part; 1921 c 96 § 15, part; 1919 c 46
§ I, part; 1917 c 155 § 10, part; 1915 c 142 § 15, part;
Rem. Supp. 1949 § 6312-16; RRS § 6326, part.]
Effective date-Severability-1975 1st ex.s. c 118: See notes
following RCW 46.16.006.
Effective date--1965 c 25: "This act shall take effect January I,
1966." [1965 c 25 § 6.1 This applies to the 1965 amendments to RCW
46.16.060, 46.68.030, and 46.68.060, the repeal of RCW 46.68.040, and
to 46.68.041.
Free motor vehicle license for certain disabled veterans: RCW
73.04.110.
46.16.065 Small trailer license fee-Conditions.
(Effective January 1, 1977.) In lieu of the fees provided
in RCW 46.16.060, private passenger car one or twowheel trailers of two thousand pounds gross weight or
less, may be licensed upon the payment of a license fee
in the sum of four dollars and fifty cents or, if the vehicle was previously licensed in this state and has not
been registered in another jurisdiction in the intervening
period, a renewal license fee in the sum of three dollars
and twenty-five cents, but only if such trailers are to be
operated upon the public highway by the owners thereof. It is the intention of the legislature that this reduced
license shall be issued only as to trailers operated for
personal use of the owners and not trailers held for
rental to the public. [ 1975 1st ex.s. c 118 § 4; 1961 ex.s.
c 7 § 10; 1961 c 12 § 46.16.065. Prior: 1951 c 269 § 7.]
Effective date-Severability-1975 1st ex.s. c 118: See notes
following RCW 46.16.006.
46.16.079 Fixed load vehicle equipped for lifting or
towing--Fee in lieu. The licensee of any fixed load
vehicle equipped for lifting or towing any disabled, impounded, or abandoned vehicl~ o~ part thereof, may
pay a fee of twenty-five dollars m heu of the additional
Vehicle Licenses
fees provided in RCW 46.16.070. [1975 c 25 § 16; 1963
cl8§1.]
46.16.080 Fixed load machines--Fee in lieu-Exception. In lieu of the additional fee provided in
RCW 46.16.070 there shall be collected a fee of five
dollars on any motor truck, truck tractor, trailer or
semitrailer used only for the purpose of transporting
any well drilling machine, air compressor, rock crusher,
conveyor, hoist, wrecker, donkey engine, cook house.
tool house, bunk house, or similar machine or structure
attached to or made a part of such motor truck, trailer,
or semitrailer: Provided, That no additional fee shall be
collected under this section or under RCW 46.16.070 on
any travel trailer: Provided further, That for each vehicle used exclusively in the transportation of circus, carnival, and show equipment and in the transportation of
supplies used in conjunction therewith, there shall be
charged in addition to other fees provided for the licensing of vehicles, an annual capacity fee in the
amount of ten dollars. [1975 c 25 § 17; 1961 c 12 § 46.16.080. Prior: 1957 c 269 § 17; 1955 c 363 § 5; prior:
1955 c 139 § 22; 1950 ex.s. c 15 § 1, part; 1949 c 220 §
10, part; 1947 c 200 § 15, part; 1941 c 224 § 1, part;
1939 c 182 § 3, part; 1937 c 188 § 17, part; Rem. Supp.
1949 § 6312-17, part; 1931 c 140 § 1, part; 1921 c 96 §
15, part; 1919 c 46 § 1, part; 1917 c 155 § 10, part; 1915
c 142 § 15, part; RRS § 6326, part.]
46.16.100 Special permits for single movement-Fee. When any vehicle subject to license is to be moved
upon the public highways of this state from one point
to another, the department may issue a special permit
therefor upon an application presented in such form as
shall be approved by the department and upon payment therefor of a fee of ten dollars. Such permit shall
be for one transit only between the points of origin and
destination as set forth in the application: Provided,
That a special permit or one-transit permit shall be issued for movement of a mobile home as defined in
RCW 46.04.085 pursuant to RCW 46.16.105. [ 1975 c 25
§ 18; 1971 ex.s. c 231 § 10; 1969 ex.s. c 170 § 5; 1961 c
12 § 46.16.100. Prior: 1955 c 363 § 7; prior: 1955 c 139
§ 23; 1950 ex.s. c 15 § 1, part; 1949 c 220 § 10, part;
1947 c 200 § 15, part; 1941 c 224 § 1, part; 1939 c 182 §
3, part; 1937 c 188 § 17, part; Rem. Supp. 1947 §
6312-17, part; 1931 c 140 § l, part; 1921 c 96 § 15,
part; 1919 c 146 § l, part; 1917 c 155 § IO, part; 1915 c
142 § 15, part; RRS § 6326, part.]
Effective date-1971 ex.s. c 231: See note following RCW
46.01.130.
46.16.130 Reduction of fees for fractional year. (Effective January 1, 1977.) Whenever an application is
made for a license on a motor truck, trailer, tractor,
semitrailer, for hire vehicle, bus or auto stage subsequent to the end of the first registration quarter of any
registration year, the license fees based on gross weight
or seating capacity of such vehicles shall be computed
as follows:
Upon vehicles above described licensed in this state
during the second registration quarter, the license fees
46.16.137
imposed by this section for such year shall be reduced
by one-fourth thereof; upon vehicles licensed i~ this
state during the third registration quarter, the license
fees shall be reduced by one-half thereof; and upon vehicles licensed in this state during the fourth registration
threequarter, the license fees shall be reduced
fourths thereof: Provided, That such reductions shall
not apply to special permits nor to vehicles licensed
during the immediately preceding registration year.
[1975 !st ex.s. c 118 § 5; 1961 c 12 § 46.16.130. Prior:
1951 c 269 § 15; 1949 c 220 § 11; 1945 c 171 § I; 1943 c
194 § I; Rem. Supp. 1949 § 6312-l8a.]
?Y
Effective date--Severability-1975 1st ex.s. c 118: See notes
following RCW 46.16.006.
46.16.135 Quarterly license--Penalty. (Effective
January 1, 1977.) Tonnage for motor trucks, trailers,
tractors, pole trailers, or semitrailers having a declared
gross weight in excess of twenty thousand pounds may
be purchased for any registration quarter at one-fourth
of the usual annual tonnage fee: Provided, That the fee
for the registration quarter in which the vehicle is licensed shall be reduced by one-twelfth of the usual
tonnage fee for each full registration month of the registration quarter that shall have elapsed at the time the
vehicle is licensed. An additional fee of one dollar shall
be charged by the director each time tonnage is purchased. The director is authorized to establish rules and
regulations relative to the issuance and display of certificates or insignia.
No vehicle licensed under the provisions of this section shall be operated over the public highways unless
the owner or operator renews the quarterly tonnage
permit prior to the expiration of the existing tonnage
permit. Any person who operates any such vehicle upon
the public highways after the expiration of the existing
tonnage permit, shall be guilty of a misdemeanor, and
in addition shall be required to purchase a tonnage
permit for the vehicle involved at the fee covering an
entire registration year's operation thereof, less the fees
for any registration quarter or registration quarters of
the registration year already paid. If, within five days
thereafter, no license for a full registratiol). year has
been purchased as required aforesaid, the Washington
state patrol, county sheriff, or city police shall impound
such vehicle in such manner as may be directed for
such cases by the chief of the Washington state patrol,
until such requirement is met. [ 1975 l st ex.s. c 118 § 6;
1969 ex.s. c 170 § 7; 1961c12 § 46.16.135. Prior: 1951 c
269 § 16.]
Effective date--Severability-1975 1st ex.s. c 118: See notes
following RCW 46.16.006.
46.16.137 Monthly license for transportation of
logs--Penalty. (Effective January 1, 1977.) During
the months of October, November, December, January,
February, and March the gross weight license for a
three-axle truck, a three-axle truck tractor and a twoaxle pole trailer used in combination, and a three-axle
truck and two-axle trailer used in combination, when
such vehicles or combinations of vehicles are licensed to
the maximum gross weight provided by law and are
(1975 RCW Supp--p 445)
46.16.137
Title 46:
Motor Vehicles
used exclusively in the transportation of logs may be
purchased for a monthly period. The fee for such a
monthly license shall be one-twelfth the annual maximum gross weight fee provided for in RCW 46.16.070
and 46.16.111 or in RCW 46.16.070 and 46.16.115. For
each fee so paid, other than at the time of the payment
of the basic license fee, an additional fee of one dollar
and fifty cents shall be charged by the director. The
monthly license shall be effective for one entire registration month. The director or his authorized agent
shall issue a permit indicating that monthly tonnage
fees have been paid, which permit shall be carried in
the vehicle throughout the registration month for which
it is issued. The director is authorized to establish rules
and regulations relative to the issuance of such permits.
No vehicle licensed under the provisions of this section
shall be operated over the public highways unless the
owner or operator thereof prior to the expiration of any
such monthly period applies for, and pays the required
fee for, a license for an additional monthly period, a
three-month period, or for the remainder of the registration year. Any person who operates any such vehicle
upon the public highways after the expiration of the existing tonnage permit, shall be guilty of a misdemeanor,
and in addition shall be required to purchase a gross
weight license for the vehicle involved at the fee covering an entire registration year's license for operation
thereof, less the fees for any period or periods of the
registration year already paid. If, within five days
thereafter, no license for a full registration year has
been purchased as required aforesaid, the Washington
state patrol, county sheriff, or city police shall impound
such vehicle in such manner as may be directed for
such cases by the chief of the Washington state patrol,
until such requirement is met. [ 1975 I st ex.s. c 118 § 7;
1974 ex.s. c 172 § I; 1967 c 32 § 17; 1961 c 12 § 46.16.137. Prior: 1959 c 319 § 23; 1957 c 273 § 4.]
Effective date---Severability--1975 1st ex.s. c 118: See notes
following RCW 46.16.006.
Effective date----1974 ex.s. c 172: "This 1974 amendatory act shall
take effect August I, 1974." [1974 ex.s. c 172 § 2.)
46.16.210 Original applications--Renewals--Fees--Preissuance, when (as amended by 1975 1st ex.s. c 118). (Effective January
1, 1977.) (I) Upon receipt of the application and proper fee for original vehicle license, the director shall make a recheck of the application, and in the event that there is any error in the application it may
be returned to the county auditor or other agent to effectively secure
the correction of such error, who shall return the same corrected to
the director.
(2) Application for the renewal of a vehicle license shall be made to
the director or his agents. including county auditors, by the registered
owner on a form prescribed by the director. The application must be
accompanied by the certificate of registration for the last registration
period in which the vehicle was registered in Washington unless the
applicant submits a preprinted application mailed from Olympia, and
the payment of such license fees and excise tax as may be required by
Jaw. Such application shall be handled in the same manner and the
fees transmitted to the state treasurer in the same manner as in the
case of an original application. Any such application which upon validation becomes a renewal certificate need not have entered upon it
the name of the lien holder, if any, of the vehicle concerned.
(3) Persons expecting to be out of the state during the normal forty-five day renewal period of a vehicle license may secure renewal of
such vehicle license for a period of thirty days prior thereto and have
license plates or tabs preissued by making application to the director
or his agents upon forms prescribed by the director. The application
(1975 RCW Supp---p 4461
must be accompanied by the certificate of registration for the last
registration period in which the vehicle was registered in Washington
and be accompanied by such license fees, including a special handling
fee of two dollars; one dollar to be retained by the issuing agency.
and one dollar to be deposited in the highway safety fund, and excise
tax as may be required by law. [1975 1st ex.s. c 118 § 8; 1969 ex.s. c
75 § I; 1961 c 12 § 46.16.210. Prior: 1957 c 273 § 5; 1955 c 89 § 2;
1953 c 252 § 3; 1947 c 164 §II; 1937 c 188 § 34; Rem. Supp. 1947 §
6312-34.)
Effective date---Severability--1975 1st ex.s. c 118: See notes
following RCW 46.16.006.
46.16.210 Original applications--Renewals -Fees--Preissuance, when (as amended by 1975 lst ex.s. c 169). (I) Upon receipt of
the application and proper fee for original vehicle license, the director
shall make a recheck of the application and in the event that there is
any error in the application it may be returned to the county auditor
or other agent to effectively secure the correction of such error, who
shall return the same corrected to the director.
(2) Application for the renewal of a vehicle license shall be made to
the director or his agents, including county auditors, by the registered
owner on a form prescribed by the director. The application must be
accompanied by the certificate of registration for the last registration
period in which the vehicle was registered in Washington unless the
applicant submits a preprinted application mailed from Olympia, and
the payment of such license fees and excise tax as may be required by
law. Such application shall be handled in the same manner and the
fees transmitted to the state treasurer in the same manner as in the
case of an original application. Any such application which upon validation becomes a renewal certificate need not have entered upon it
the name of the lien holder, if any, of the vehicle concerned.
(3) Persons expecting to be out of the state during the period from
January 1st through February !st may, not earlier than December 1st,
but prior to January 1st, secure renewal of a vehicle license and have
license plates or tabs preissued by making application to the director
or his agents upon forms prescribed by the director. The application
must be accompanied by the certificate of registration for the last
registration period in which the vehicle was registered in Washington
and be accompanied by such license fees, including a special handling
fee of one dollar; fifty cents to be retained by the issuing agency, and
fifty cents to be deposited in the highway safety fund, and excise tax
as may be required by law.
(4) Application for the annual renewal of a vehicle license number
plate to the director or his agents shall not be required for those vehicles owned, rented, or leased by the state of Washington, or by any
county, city, town, school district, or other political subdivision of the
state of Washington. [1975 1st ex.s. c 169 § 6; 1969 ex.s. c 75 § I;
1961 c 12 § 46.16.210. Prior: 1957 c 273 § 5; 1955 c 89 § 2; 1953 c 252
§ 3; 1947 c 164 § 11; 1937 c 188 § 34; Rem. Supp. 1947 § 6312-34.J
Reviser's note: RCW 46.16.210 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.
46.16.220 Time of renewal of licenses--Duration.
(Effective January 1, 1977.) Vehicle licenses and vehicle
license number plates may be renewed for the subsequent registration year on and after the forty-fifth day
prior to the end of the current registration year and
must be used and displayed from the date of issue or
from the day of the expiration of the preceding registration year, whichever date is later: Provided, That in
no case shall a citation be issued for nonregistration
prior to the first day of the month following the calendar month in which vehicle licenses and vehicle license
number plates are to be renewed. [ 1975 1st ex.s. c 118 §
9; 1969 ex.s. c 170 § 9; 1961 c 12 § 46.16.220. Prior:
1957 c 261 § 8; 1955 c 89 § I; 1953 c 252 § 4; 1947 c
164 § 12; 1937 c 188 § 35; Rem. Supp. 1947 § 6312-35;
1921 c 96 § 7, part; RRS § 6318, part; 1921 c 6 §I,
part; 1916 c 142 § 7, part.]
Vehicle Licenses
Effective date--Severability-1975 1st ex.s. c 118: See notes
following RCW 46.16.006.
46.16.225 Vehicle registration periods may be adjusted to stagger renewal periods. (Effective January 1,
1977.) Notwithstanding any provision of law to the
contrary, the director of the department of motor vehicles may extend or diminish vehicle license registration
periods for the purpose of staggering renewal periods.
Such extension or diminishment of a vehicle license
registration period shall be by rule and regulation of the
department of motor vehicles adopted in accordance
with the provisions of chapter 34.04 RCW. Such rules
may provide for the omission of any classes or classifications of vehicle from the staggered renewal system
and may provide for the gradual introduction of classes
or classifications of vehicles into such a system. Such
rules and regulations shall provide for the collection of
proportionately increased or decreased vehicle license
registration fees, including tonnage fees, if applicable,
and of excise or property taxes required to be paid at
the time of registration.
It is the intent of the legislature that there shall be
neither a significant net gain nor loss of revenue to the
state general fund or the motor vehicle fund as the result of implementing a staggered vehicle registration
system when compared with the revenue generated by
the current registration system. [1975 1st ex.s. c 118 § 2.]
Effective date--Severability-1975 1st ex.s. c 118: See notes
following RCW 46.16.006.
46.16.230 License plates to be furnished. The director shall furnish to all persons making satisfactory application for vehicle license as provided by law, two
identical vehicle license number plates each containing
the vehicle license number to be displayed on such vehicle as by law required: Provided, That if the vehicle
to be licensed is a trailer, semitrailer or motorcycle only
one vehicle license number plate shall be issued for
each thereof. The number and plate shall be of such
size and color and shall contain such symbols indicative
of the registration period for which the same is issued
and of the state of Washington, as shall be determined
and prescribed by the director. Any vehicle license
number plate or plates issued to a dealer shall contain
thereon a sufficient and satisfactory indication that such
plates have been issued to a dealer in vehicles. All vehicle license number plates may be obtained by the director from the metal working plant of the state
penitentiary at Walla Walla or from any source in accordance with existing state of Washington purchasing
procedures.
Notwithstanding the foregoing provisions of this section, the director may, in his discretion and under such
rules and regulations as he may prescribe, adopt a type
of vehicle license number plates whereby the same shall
be used as long as legible on the vehicle for which issued, with provision for tabs or emblems to be attached
thereto or elsewhere on the vehicle to signify renewals,
in which event the term "vehicle license number plate"
as used in any enactment shall be deemed to include in
46.16.210
addition to such plate the tab or emblem signifying renewal except when such plate contains the designation
of the current year without reference to any tab or emblem. Renewals shall be effected by the issuance and
display of such tab or emblem. [1975 c 25 § 19; 1961 c
12 § 46.16.230. Prior: 1957 c 261 § 9; 1949 c 90 § 1;
1939 c 182 § 5; 1937 c 188 § 28; Rem. Supp. 1949 §
6312-28; 1921 c 96 § 12; 1921 c 6 § 2; 1919 c 59 § 7;
1917 c 155 § 8; 1915 c 142 § 12; RRS § 6323.]
46.16.270 Loss, defacement, or destruction of
plates--Replacement fee. Upon the loss, defacement,
or destruction of one or both of the vehicle license
number plates issued for any vehicle where more than
one plate was originally issued or where one or both
have become so illegible or in such a condition as to be
difficult to distinguish, the owner of the vehicle shall
make application for new vehicle license number plates
upon a form furnished by the director, upon which
form it shall be required that the owner, in addition to
other requirements, make a complete statement as to
the cause of the loss, defacement, or destruction of the
original plate or plates, which statement shall be subscribed and sworn to before a notary public or other
person authorized to certify to statements upon vehicle
license applications. Such application shall be filed with
the director or his authorized agent, accompanied by
the certificate of license registration of the vehicle and a
fee in the amount of four dollars, whereupon the director, or his authorized agent, shall issue new vehicle license number plates to the applicant. It shall be
accompanied by a fee of two dollars for a new vehicle
license number plate where only one was originally issued and one dollar for a new motorcycle license number plate. In the event the director has issued license
period tabs or a windshield emblem instead of vehicle
license number plates, and upon the loss, defacement or
destruction of said tabs or windshield emblem, application shall be made on a form provided by the director
and in the same manner as above described, and shall
be accompanied by a fee of one dollar for each pair of
tabs or for each windshield emblem, whereupon the director shall issue to the applicant a duplicate pair of
tabs or a windshield emblem to replace those lost, defaced or destroyed: Provided, That for those vehicles
owned, rented, or leased by the state of Washington or
by any county, city, town, school district, or other political subdivision of the state of Washington or United
States government, a fee shall be charged for replacement of a vehicle license number plate only to the extent required by the provisions of RCW 46.16.020,
46.16.061, 46.16.237, and 46.01.140: Provided further,
That for those vehicles owned, rented, or leased by foreign countries or international bodies to which the
United States government is a signatory by treaty, the
payment of any fee for the replacement of a vehicle license number plate shall not be required. [ 1975 1st ex.s.
c 169 § 7; 1965 ex.s. c 78 § 1; 1961 c 12 § 46.16.270.
Prior: 1951 c 269 § 6; 1947 c 164 § 13; 1937 c 188 § 37;
Rem. Supp. 1947 § 6312-37; 1929 c 99 § 6; 1921 c 96 §
14; 1919 c 59 § 8; 1915 c 142 § 14; RRS § 6325.]
11975 RCW Supp---p 447)
46.16.320
Title 46:
46.16.320 License plates for amateur radio operators--Fees--Deposit. (Effective January 1, 1977.)
Every person having a valid official amateur radio operator's license issued for a term of five years by the
federal communications commission, is entitled to apply to the director for, and upon satisfactory showing,
to receive. in lieu of the regular motor vehicle license
plates similar plates bearing the official amateur radio
call letters of the applicant assigned by the federal
communications commission instead of numbers.
In addition to the annual license fee collected under
chapter 46.16 RCW and chapter 82.44 RCW, there shall
be collected from each applicant for such special license
plates an additional license fee of five dollars upon the
issue of a state plate but shall not apply on those years
that a yearly tab is issued. Such special fee shall be deposited in the motor vehicle fund. Application for renewal of the amateur radio operator's call license plate
must be made no later than twenty days prior to the
end of each registration year, and all such applications
shall be accompanied by a notarized statement of facts
included on the amateur's valid FCC license. [ 1975 1st
ex.s. c 118 § 10; 1969 ex.s. c 206 § l; 1967 ex.s. c 145 §
80; 1967 c 32 § 21; 1961 c 12 § 46.16.320. Prior: 1957 c
145 § I.]
Effective date--Severability-1975 1st ex.s. c 118: See notes
following RCW 46.16.006.
Severability-1967 ex.s. c 145: See RCW 47.98.043.
46.16.380 Cards and decals for certain disabled persons--Qualifications--Transfer of vehicle-Rules--Penalty. Any person who shall submit satisfactory proof to the director that he or she has lost both
of his or her lower extremities, or who has lost the normal or full use thereof, or who is so severely disabled as
to be unable to move without the aid of crutches or a
wheelchair, shall be entitled to receive a special card to
be left in a vehicle in a conspicuous place, bearing distinguishing marks, letters or numerals indicating that
the vehicle is being used to transport such a privileged
person. Such a privileged person shall also be entitled to
receive for one motor vehicle only, a special decal to be
affixed to the vehicle in a conspicuous place designated
by the director, bearing distinguishing marks, letters or
numerals indicating that the vehicle is owned by or primarily used for such a privileged person. Whenever
such owner transfers or assigns his interest in such vehicle, the special decal shall be removed. Such person
shall immediately surrender the decal to the director
together with a notice of the transfer of interest in such
vehicle. If another vehicle is acquired by, or for the primary use of, such person, a new decal shall be issued by
the director. Application for renewal, except for the
permanently disabled who shall be issued a permanent
card, must be made by January 10th of each renewal
year together with satisfactory proof of the right to
continued use of such special card and decal. No additional fees shall be charged for the issuance of such
special card and decal. The director shall promulgate
such rules and regulations as he deems necessary to
carry into effect this section.
[1975 RCW Supp--p 4481
Motor Vehicles
Any unauthorized use of such distinguishing card
and decal shall constitute a gross misdemeanor. [ 1975
1st ex.s. c 297 § l; 1967 c 32 § 26; 1961 c 128 § I.]
46.16.505 Campers--License and plates--Application--Fee. (Effective until January 1, 1977.) It
shall be unlawful for a person to operate any vehicle
equipped with a camper over and along a public highway of this state without first having obtained and having in full force and effect a current and proper camper
license and displaying a camper license number plate
therefor as required by Jaw: Provided, however, That if
a camper is part of the inventory of a manufacturer or
dealer and is unoccupied at all times, and a dated demonstration permit, valid for no more than seventy-two
hours is carried in the motor vehicle at all times it is
operated by any such individual, such camper may be
demonstrated if carried upon an appropriately licensed
vehicle.
Application for an original camper license shall be
made on a form furnished for the purpose by the director. Such application shall be made by the owner of the
camper or his duly authorized agent over the signature
of such owner or agent, and he shall certify that the
statements therein are true and to the best of his
knowledge. The application must show:
(1) Name and address of the owner of the camper;
(2) Trade name of the camper, model, year, and the
serial number thereof;
(3) Such other information as the director requires.
There shall be paid and collected annually for each
calendar year or fractional part thereof and upon each
camper a license fee in the sum of three dollars and fifty
cents.
Except as otherwise provided for in this section, the
provisions of chapter 46.16 RCW shall apply to campers in the same manner as they apply to vehicles. [1975
c 41 § l; 1971ex.s.c231 § 7.]
46.16.505 Campers--License and plates--Application--Fee. (Effective January 1, 1977.) It shall
be unlawful for a person to operate any vehicle
equipped with a camper over and along a public highway of this state without first having obtained and having in full force and effect a current and proper camper
license and displaying a camper license number plate
therefor as required by law: Provided, however, That if
a camper is part of the inventory of a manufacturer or
dealer and is unoccupied at all times, and a dated demonstrat_ion pe.rmi~, valid for no more than seventy-two
hours is earned m the motor vehicle at all times it is
operated by any such individual, such camper may be
demonstrated if carried upon an appropriately licensed
vehicle.
Application for an original camper license shall be
made on a form furnished for the purpose by the director. Such application shall be made by the owner of the
camper or his duly authorized agent over the signature
of such owner or agent, and he shall certify that the
statements therein are true and to the best of his
knowledge. The application must show:
(1) Name and address of the owner of the camper;
Drivers' Licenses--Identicards
(2) Trade name of the camper, model, year, and the
serial number thereof;
(3) Such other information as the director requires.
There shall be paid and collected annually for each
registration year or fractional part thereof and upon
each camper a license fee or, if the camper was previously licensed in this state and has not been registered
in another jurisdiction in the intervening period, a renewal license fee. Such license fee shall be in the sum of
four dollars and ninety cents, and such renewal license
fee shall be in the sum of three dollars and fifty cents.
Except as otherwise provided for in this section, the
provisions of chapter 46.16 RCW shall apply to campers in the same manner as they apply to vehicles. [ 1975
1st ex.s. c 118 § 11; 1975 c 41§l;1971ex.s.c231§7.]
Effective date--Severability--1975 1st ex.s. c 118: See notes
following RCW 46.16.006.
Effective date-1971 ex.s. c 231: See note following RCW
46.01.130.
46.16.560 Personalized license plates--Defined.
Personalized license plates, as used in this chapter,
means license plates that have displayed upon them the
registration number assigned to the vehicle or camper
for which such registration number was issued in a
combination of letters or numbers, or both, requested
by the owner of the vehicle or camper in accordance
with this chapter. [ 1975 c 59 § 1; 1973 I st ex.s. c 200 §
2.]·
46.16.565 Personalized license plates--Application.
Any person who is the registered owner of a passenger
motor vehicle not for hire, a truck not powered by diesel fuel, a trailer, a camper, a private bus, or a motorcycle registered with the department or who makes
application for an original registration or renewal registration of such vehicle or camper may, upon payment
of the fee prescribed in RCW 46.16.585, apply to the
department for personalized license plates, in the manner described in RCW 46.16.580, which plates shall be
affixed to the vehicle or camper for which registration is
sought in lieu of the regular license plates. [ 1975 c 59 §
2; 1973 1st ex.s. c 200 § 3.]
46.16.570 Personalized license plates--Design.
The personalized license plates shall be the same design
as regular license plates, and shall consist of numbers or
letters, or any combination thereof not exceeding six
positions and not less than two positions: Provided,
That there are no conflicts with existing passenger,
commercial, trailer, motorcycle, or special license plates
series or with the provisions of RCW 46.16.230 or 46. 16.235: Provided further, That the maximum number
of positions on personalized license plates for motorcycles shall be designated by the department. [ 1975 c 59
§ 3; 1973 1st ex.s. c 200 § 4.]
46.16.585 Personalized license plates--Fees-Renewal--Penalty. In addition to the regular registration fee, and any other fees and taxes required to be
paid upon registration, the applicant shall be charged a
fee of thirty dollars. In addition to the regular renewal
46.20.113
fee, and in addition to any other fees and taxes required
to be paid, the applicant for a renewal of such plates
shall be charged an additional fee of twenty dollars:
Provided, That any person who purchased personalized
license plates containing three letters and three digits on
or between the dates of August 9, 1971, and November
6, 1973, shall not he required to pay the additional annual renewal fee of twenty dollars commencing with the
year 1976. All personalized license plates must be renewed on an annual basis, regardless of whether a vehicle on which they are displayed will not be driven on
public highways or may also be eligible to display permanent license plates valid for the life of such vehicle
without annual renewal. Personalized license plates that
are not renewed must be surrendered to the department, and failure to do so shall be a misdemeanor.
[1975 c 59 § 4; 1973 !st ex.s. c 200 § 7.]
46.16.590 Personalized license plates--Transfer
fees. Whenever any person who has been issued personalized license plates applies to the department for
transfer of such plates to a subsequently acquired vehicle or camper eligible for personalized license plates, a
transfer fee of five dollars shall be charged in addition
to all other appropriate fees. Such transfer fees shall be
deposited in the motor vehicle fund. [ 1975 c 59 § 5;
1973 1st ex.s. c 200 § 8.]
46.16.595 Personalized license plates--Transfer or
surrender of plates upon sale or release of vehicle ownership---Penalty. When any person who has been issued
personalized license plates sells, trades, or otherwise releases ownership of the vehicle upon which the personalized license plates have been displayed, he shall
immediately report the transfer of such plates to an acquired vehicle or camper eligible for personalized license plates, pursuant to RCW 46.16.590, or he shall
surrender such plates to the department forthwith and
release his priority to the letters or numbers, or combination thereof, displayed on the personalized license
plates. Failure to surrender such plates shall constitute
a misdemeanor. [1975 c 59 § 6; 1973 1st ex.s. c 200 § 9.]
Chapter 46.20
DRIVERS' LICENSES--IDENTICARDS
Sections
46.20.113
46.20.115
46.20.120
46.20.161
46.20.181
46.20.200
46.20.308
Anatomical gift statement.
Photograph on driver's license.
Applicants for new license or renewal to be examined-Waiver or renewal or issuance of minor or
adult license to previous holder--Fee-Examina tions .
Issuance of license-License contents-Fee.
Expiration date-Renewal--F ee.
Lost or destroyed licenses or permits--Duplicates-Fee.
Implied consent-Revocation, etc., for refusal to submit to chemical tests to determine alcoholic content of
blood.
46.20.113 Anatomical gift statement. The department
of motor vehicles shall provide a statement whereby the
licensee may certify in the presence of two witnesses his
(1975 RCW Supp--p 4491
46.20.113
Title 46:
willingness to make an anatomical gift under RCW 68.08.530. as now or hereafter amended. The department
shall provide the statement in at least one of the following ways:
(I) On each driver's license; or
(2) With each driver's license; or
(3) With each in-person driver's license application.
[1975c54§l.]
46.20.115 Photograph on driver's license. The department of motor vehicles shall issue a driver's license
containing a photograph of the applicant for an additional fee of one dollar. Such fee shall be deposited in
the highway safety fund. The department shall not
adopt any photographic processes incompatible with its
pre-bill system of issuing driver's licenses. [1975 l st
ex.s. c 191 § l; 1969 ex.s. c 155 § 2; 1967 ex.s. c 145 §
51.]
Purpose---1969 ex.s. c 155: "The identification of the injurei:I or
the seriously ill is often difficult. The need for an identification file to
facilitate use by proper law enforcement officers has hampered law
enforcement. Personal identification for criminal, personal and commercial reasons is becoming most important at a time when it is increasingly difficult to accomplish. The legislature finds that the public
health and welfare requires a standard and readily recognizable
means of identification of each person living within the state. The
legislature further finds that the need for an identification file by law
enforcement agencies must be met. The use of photographic drivers'
licenses will greatly aid the problem, but some means of identification
must be provided for persons who do not possess a driver's license.
The purpose of this 1969 amendatory act is to provide for the positive
identification of persons, both through an expanded use of drivers' licenses and also through issue of personal identification cards for
nondrivers." [1969 ex.s. c 155 § I.]
Effective date---1969 ex.s. c 155: "This 1969 amendatory act shall
take effect September 1, 1969." [1969 ex.s. c 155 § 7.]
The foregoing annotations apply to RCW 46.20.115-46.20.119.
Motor Vehicles
without the payment of a new license examination fee.
In such case the department may waive all or any part
of the examination as in the case of renewal of driver
licenses.
The department shall provide for giving examinations
at places and times reasonably available to the people
of this state. [1975 lst ex.s. c 191 § 2; 1967 c 167 § 4;
1965 ex.s. c 121 § 9; 1961 c 12 § 46.20.120. Prior: 1959 c
284 § l; 1953 c 221 § 2; 1937 c 188 § 55, part; RRS §
6312-55, part.]
46.20.161 Issuance of license--License contents--Fee. The department shall upon receipt of a
fee of six dollars issue to every applicant qualifying
therefor a driver's license, which license shall bear
thereon a distinguishing number assigned to the licensee, the full name, date of birth, residence address, and a
brief description of the licensee, and either a facsimile
of the signature of the licensee or a space upon which
the licensee shall write his usual signature with pen and
ink immediately upon receipt of the license. No license
shall be valid until it has been so signed by the licensee.
[1975 lst ex.s. c 191 § 3; 1969 c 99 § 6; 1965 ex.s. c 121
§ 11.]
Effective date---1969 c 99: See note following RCW 43.51.060.
46.20.181 Expiration date-Renewal--Fee. Every driver's license shall expire on the second anniversary of the licensee's birthdate following the issuance of
such license. Every such license shall be renewable on
or before its expiration upon application prescribed by
the department and the payment of a fee of six dollars.
[1975 lst ex.s. c 191 § 4; 1969 c 99 § 7; 1965 ex.s. c 170
§ 46; 1965 ex.s. c 121 § 17.]
Effective date---1969 c 99: See note following RCW 43.51.060.
46.20.120 Applicants for new license or renewal to be
examined--W aiver or renewal or issuance of minor or
adult license to previous holder--Fee--Examinations. No new driver's license shall be issued and no
previously issued license shall be renewed until the applicant therefor has successfully passed a driver licensing examination: Provided, That the department may
waive all or any part of the examination of any person
applying for the renewal of a driver's license or the issuance of a minor driver's license when the applicant
previously held a juvenile driver's license or the issuance of an adult driver's license when the applicant
previously held a minor driver's license issued under the
laws of this state, except when the department d':!termines that an applicant for a driver's license is not
qualified to hold a driver's license under this title. For a
new license examination a fee of three dollars shall be
paid by each applicant, in addition to the fee charged
for issuance of his license. A new license shall be one
issued to a driver who has not been previously licensed
in this state or to a driver whose last previous
Washington license has expired.
Any person who is without the state at the time his
driver's license expires or who is unable to renew his license due to any incapacity may renew the license
within sixty days after his return to this state or within
sixty days after the termination of any such incapacity
(1975 RCW Supp---p 4501
46.20.200 Lost or destroyed licenses or permitsDuplicates--Fee. In the event that an instruction permit or a driver's license shall be lost or destroyed, the
person to whom the same was issued may obtain a duplicate thereof upon furnishing proof of such fact satisfactory to the department without reexamination upon
payment of a fee of two dollars and fifty cents to the
department. [1975 lst ex.s. c 191 § 5; 1965 ex.s. c 121 §
16; 1961c12 § 46.20.200. Prior: 1947 c 164 § 18; 1937 c
188 § 60; Rem. Supp. 1947 § 6312-60; 1921 c 108 § 11;
RRS § 6373.]
46.20.308 Implied consent--Revocation, etc., for
refusal to submit to chemical tests to determine alcoholic
content of blood. (I) Any person who operates a motor
vehicle upon the public highways of this state shall be
deemed to have given consent, subject to the provisions
of RCW 46.61.506, to a chemical test or tests of his
breath or blood for the purpose of determining the alcoholic content of his blood if arrested for any offense
where, at the time of the arrest, the arresting officer has
reasonable grounds to believe the person had been
driving or was in actual physical control of a motor vehicle while under the influence of intoxicating liquor.
The test or tests shall be administered at the direction
of a law enforcement officer having reasonable grounds
Vehicle Lighting And Other Equipment
to believe the person to have been driving or in actual
physical control of a motor vehicle upon the public
highways of this state while under the influence of intoxicating liquor. Such officer shall inform the person of
his right to refuse the test, and of his right to have additional tests administered by any qualified person of
his choosing as provided in RCW 46.61.506. The officer
shall warn the driver that his privilege to drive will be
revoked or denied if he refuses to submit to the test.
Unless the person to be tested is unconscious, the
chemical test administered shall be of his breath only:
Provided, That if an individual is under arrest for the
crime of negligent homicide by motor vehicle as provided in RCW 46.61.520, or if an individual is under
arrest for the crime of driving while under the influence
of intoxicating liquor or drugs as provided in RCW 46.61.506, which arrest results from an accident in which
another person has been injured and there is a reasonable likelihood that such other person may die as a result of injuries sustained in the accident, a breath or
blood test may be administered without the consent of
the individual so arrested. In such circumstances, the
provisions of subsections 2 through 6 of *this section
shall not apply.
(2) Any person who is dead, unconscious or who is
otherwise in a condition rendering him incapable of refusal, ·shall be deemed not to have withdrawn the consent provided by subsection (1) of this section and the
test or tests may be administered, subject to the provisions of RCW 46.61.506.
(3) If, following his arrest, the person arrested refuses
upon the request of a law enforcement officer to submit
to a chemical test of his breath, after being informed
that his refusal will result in the revocation or denial of
his privilege to drive, no test shall be given. The department of motor vehicles, upon the receipt of a sworn
report of the law enforcement officer that he had reasonable grounds to believe the arrested person had been
driving or was in actual physical control of a motor vehicle upon the public highways of this state while under
the influence of intoxicating liquor and that the person
had refused to submit to the test upon the request of
the law enforcement officer after being informed that
such refusal would result in the revocation or denial of
his privilege to drive, shall revoke his license or permit
to drive or any nonresident operating privilege. If the
person is a resident without a license or permit to operate a motor vehicle in this state, the department shall
deny to the person the issuance of a license or permit
for a period of six months after the date of the alleged
violation, subject to review as hereinafter provided.
(4) Upon revoking the license or permit to drive or
the nonresident operating privilege of any person, or
upon determining that the issuance of a license or permit shall be denied to the person, as hereinbefore in this
section directed, the department shall immediately notify the person involved in writing by personal service or
by registered or certified mail of its decision and the
grounds therefor, and of his right to a hearing, specifying the steps he must take to obtain a hearing. The person upon receiving such notice may, in writing and
within ten days therefrom request a formal hearing.
46.37.210
Upon receipt of such request, the department shall afford him an opportunity for a hearing as provided in
RCW 46.20.329 and 46.20.332. The scope of such hearing for the purposes of this section shall cover the issues
of whether a law enforcement officer had reasonable
grounds to believe the person had been driving or was
in actual physical control of a motor vehicle upon the
public highways of this state while under the influence
of intoxicating liquor, whether the person was placed
under arrest and whether he refused to submit to the
test upon request of the officer after having been informed that such refusal would result in the revocation
or denial of his privilege to drive. The department shall
order that the revocation or determination that there
should be a denial of issuance either be rescinded or
sustained. Any decision by the department revoking a
person's driving privilege shall be stayed and shall not
take effect while a formal hearing is pending as herein
provided or during the pendency of a subsequent appeal to superior court: Provided, That this stay shall be
effective only so long as there is no conviction for a
moving violation during pendency of the hearing and
appeal.
(5) If the revocation or determination that there
should be a denial of issuance is sustained after such a
hearing, the person whose license, privilege or permit is
so affected shall have the right to file a petition in the
superior court of the county wherein he resides, or, if a
nonresident of this state, where the charge arose, to review the final order of revocation or denial by the department in the manner provided in RCW 46.20.334.
(6) When it has been finally determined under the
procedures of this section that a nonresident's privilege
to operate a motor vehicle in this state has been revoked, the department shall give information in writing
of the action taken to the motor vehicle administrator
of the state of the person's residence and -0f any state in
which he has a license. [1975 I st ex.s. c 287 § 4; 1969 c
1 § I (Initiative Measure No. 242 § 1).]
*Reviser's note: In the last sentence of subsection (1), "this section"
is herein substituted for "section 5 of this 1975 amendatory act",
thereby correcting this internal reference consistent with the action of
the legislature which deleted section 1 of the bill and renumbered the
remaining sections accordingly.
Severability--1969 c 1: See RCW 46.20.911.
Chapter 46.37
VEHICLE LIGHTING AND OTHER EQUIPMENT
Sections
46.37.210
46.37.580
46.37.590
Additional lighting equipment.
Repealed.
Odometers-Purchaser plaintiff to recover costs and
attorney's fee, when.
46.37.210 Additional lighting equipment. (I) Any
motor vehicle may be equipped with not more than two
side cowl or fender lamps which shall emit an amber or
white light without glare.
(2) Any motor vehicle may be equipped with not
more than one running-board courtesy lamp on each
side thereof which shall emit a white or amber light
without glare.
[1975 RCW Sup~ 451)
46.37.210
Title 46:
(3) Any motor vehicle may be equipped with one or
more back-up lamps either separately or in combination with other lamps, but any such back-up lamp or
lamps shall not be lighted when the motor vehicle is in
forward motion.
(4) Any vehicle may be equipped with lamps which
may be used for the purpose of warning the operators
of other vehicles of the presence of a vehicular traffic
hazard requiring the exercise of unusual care in approaching, overtaking or passing, and when so equipped
may display such warning in addition to any other
warning signals required by this chapter. The lamps
used to display such warning to the front shall be
mounted at the same level and as widely spaced laterally as practicable, and shall display simultaneously
flashing white or amber lights, or any shade of color
between white and amber. The lamps used to display
such warning to the rear shall be mounted at the same
level and as widely spaced laterally as practicable, and
shall show simultaneously flashing amber or red lights,
or any shade of color between amber and red. These
warning lights shall be visible from a distance of not
less than fifteen hundred feet under normal atmospheric
conditions at night.
(5) Any vehicle eighty inches or more in over-all
width, if not otherwise required by RCW 46.37.090,
may be equipped with not more than three identification lamps showing to the front which shall emit an
amber light without glare and not more than three
identification lamps showing to the rear which shall
emit a red light without glare. Such lamps shall be
mounted as specified in RCW 46.37.090(6).
(6) (a) Every motor vehicle, trailer, semitrailer, truck
tractor, and pole trailer used in the state of Washington
may be equipped with an auxiliary lighting system consisting of:
(i) One green light to be activated when the accelerator of the motor vehicle is depressed;
(ii) Not more than two amber lights to be activated
when the motor vehicle is moving forward, or standing
and idling, but is not under the power of the engine;
(b) Such auxiliary system shall not interfere with the
operation of vehicle stop lamps or turn signals, as required by RCW 46.37.070. Such system, however, may
operate in conjunction with such stop lamps or turn
signals;
(c) Only one color of the system may be illuminated
at any one time, and at all times either the green light,
or amber light or lights shall be illuminated when the
stop lamps of the vehicle are not illuminated;
(d) The green light, and the amber light or lights,
when illuminated shall be plainly visible at a distance of
one thousand feet to the rear;
(e) Only one such system may be mounted on a motor vehicle, trailer, semitrailer, truck tractor, or pole
trailer; and such system shall be rear mounted in a
horizontal fashion, at a height of not more than seventy-two inches, nor less than twenty inches, as provided
by RCW 46.37.050;
f1975 RCW Supp---p 452)
Motor Vehicles
(t) On a combination of vehicles, only the lights of
the rearmost vehicle need actually be seen and distinguished as provided in subparagraph (d) of this subsection; and
(g) Each manufacturer's model of such a system as
described in this subsection shall be approved by the
commission on equipment as provided for in RCW 46.37.005 and 46.37.320, before it may be sold or offered
for sale in the state of Washington. [1975 1st ex.s. c 242
§ l; 1963 c 154 § 16; 1961c12 § 46.37.210. Prior: 1955
c 269 § 21; prior: 1937 c 189 § 24; RRS § 636{}-24;
RCW 46.40.100.]
Effective date---1963 c 154: See note following RCW 46.37.010.
46.37.580 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
46.37 .590 Odometers--Purchaser plaintiff to recover costs and attorney's fee, when. In any suit brought
by the purchaser of a motor vehicle against the seller of
such vehicle, the purchaser shall be entitled to recover
his court costs and a reasonable attorney's fee fixed by
the court, if: (1) The suit or claim is based subs-tantially
upon the purchaser's allegation that the odometer on
such vehicle has been tampered with contrary to RCW
46.37.540 and 46.37.550 or replaced contrary to RCW
46.37.560; and (2) it is found in such suit that the seller
of such vehicle or any of his employees or agents knew
or had reason to know that the odometer on such vehicle had been so tampered with or replaced and failed to
disclose such knowledge to the purchaser prior to the
time of sale. (1975 c 24 § 1; 1969 c 112 § 7.]
Chapter 46.44
SIZE, WEIGHT, LOAD
Sections
46.44.091
46.44.0941
46.44.130
46.44.150
46.44.160
Special permits for oversize or overweight movements---Gross weight limit.
Special permits for oversize or overweight movements-Fees.
Farm implements---Gross weight and size limitation
exception-Penalty.
Highway improvement vehicles---Gross weight limit
excesses authorized-Limitations.
Seasonal vehicles----Quarterly permits for additional
tonnage.
46.44.091 Special permits for oversize or overweight
movements-Gross weight limit. (1) Except as otherwise provided in subsections (3) and (4) of this section,
no special permit shall be issued for movement on any
state highway or route of a state highway within the
limit_s of any city or town where the gross weight, includmg load, exceeds the following limits: (a) Twentytwo thousand pounds on a single axle or on dual axles
with a wheelbase between the first and second axles of
less than three feet six inches.
(b) Forty-three thousand pounds on dual axles having a wheelbase between the first and second axles of
not less than three feet six inches but less than seven
feet.
(c) On any group of axles or in the case of a vehicle
employing two single axles with a wheel base between
46.44.0941
Size, Weight, Load
the first and last axle of not less than seven feet but less
than ten feet, a weight in pounds ~etermined .by mul~i­
plying six thousand five hundred times the distance m
feet between the center of the first axle and the center
of the last axle of the group.
(d) On any group of axles with a wheel base between
the first and last axle of not less than ten feet but less
than thirty feet, a weight in pounds determined by multiplying two thousand two hundred times the sum of
twenty and the distance in feet between the center of
the first axle and the center of the last axle of the group.
(e) On any group of axles with a wheel base between
the first and last axle of thirty feet or greater, a weight
in pounds determined by multiplying one thousand six
hundred times the sum of forty and the distance in feet
between the center of the first axle and the center of the
last axle of the group.
(2) The total weight of a vehicle or combination of
vehicles allowable by special permit under subsection
( l) of this section shall be governed by the lesser of the
weights obtained by using the total number of axles as
a group or any combination of axles as a group.
(3) The weight limitations pertaining to single axles
may be exceeded to permit the movement of equipment
operating upon single pneumatic tires having a rim
width ·of twenty inches or more and a rim diameter of
twenty-four inches or more or dual pneumatic tires
having a rim width of sixteen inches or more and a rim
diameter of twenty-four inches or more.
(4) Permits may be issued for weights in excess of the
limitations contained in subsection (1) of this section on
highways or sections of highways which have been designed and constructed for weights in excess of such
limitations, or for any shipment duly certified as necessary by military officials or by officials of public or private power facilities, when in the opinion of the
highway commission such movement or action is a necessary movement or action and the commission further
determines that the structures and highway surfaces on
the routes involved are capable of sustaining weights in
excess of such limitations and it is not reasonable for
economic or operational considerations to transport
such excess weights by rail or water for any substantial
distance of the total mileage applied for.
(5) Application shall be made in writing on special
forms provided by the highway commission and shall
be submitted at least thirty-six hours in advance of the
proposed movement. An application for a special permit for a gross weight of any combination of vehicles
exceeding two hundred thousand pounds shall be submitted in writing fo the highway commission at least
thirty days in advance of the proposed movement. [1975
lst ex.s. c 168 § l; 1969 ex.s. c 281 § 30; 1961 c 12 §
46.44.091. Prior: 1959 c 319 § 28; 1953 c 254 § 12; 1951
c 269 § 35; prior: 1949 c 221 § 3, part; 1947 c 200 § 7,
part; 1945 c 177 § 1, part; 1937 c 189 § 55, part; Rem.
Supp. 1949 § 6360-55, part.]
Effective date---1975 1st ex.s. c 168: "This 1973 (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
168 § 4.]
46.44.0941 Special permits for oversize or overweight
movements--Fees. The following fees, in addition to
the regular license and tonnage fees, shall be paid for
all movements under special permit made upon state
highways. All funds collected shall be forwarded to th.e
state treasury and shall be deposited in the motor vehicle fund:
All overlegal loads, except overweight, single trip . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Continuous operation of overlegal loads
having etther overwidth or overheight features only for a period not to exceed thirty days .................................
Continuous operations of overlegal loads
having overlength only for a period not to
exceed thirty days .......................
Continuous operation of a vehicle having a
maximum height not to exceed fourteen
feet for a period of one year . . . . . . . . . . . . . .
Continuous operation of a combination of
vehicles not to exceed seventy-five feet
overall length which may contain a permanent structure vehicle not in excess of
forty-seven feet for a period of one year ....
Continuous operation of a three-axle fixed
load vehicle having less than 65,000
pounds gross weight for a period not to
exceed thirty days .......................
Continuous operation of overlegal loads
having nonreducible features not to exceed eighty-five feet in length, fourteen
feet in width, and fourteen feet in height
for a period of one year . . . . . . . . . . . . . . . . . .
$
5.00
$ 20.00
$ 10.00
$150.00
$ 60.00
$ 50.00
$150.00
Continuous operation of farm implements under a
permit issued as authorized by RCW 46.44.140 by:
(1) Farmers in the course of farming activi-
ties for any three-month period ..........
(2) Farmers in the course of farming activities for a period not to exceed one year ...
(3) Persons engaged in the business of the
sale, repair or maintenance of such farm
implements for any three-month period ....
(4) Persons engaged in the business of the
sale, repair or maintenance of such farm
implements for a period not to exceed
one year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$ 10.00
$ 25.00
$ 25.00
$100.00
Overweight Fee Schedule
Weight over total registered
gross weight plus additional
gross weight purchased under
provisions of RCW 46.44.095,
46.44.047, 46.44.037 as now or
hereafter amended, or any
other statute authorizing state
highway commission to issue
annual overweight permits.
Fee per
mile on
state
highways
1- 5,999 pounds ..................... $
6,000-11,999 pounds . . . . . . . . . . . . . . . . . .. . . . $
12,000-17,999pounds ...................... $
.05
.10
.15
(1975 RCW Supir-p 453)
46.44.0941
Title 46:
18,000-23. 999 pounds. . . .
. ......
24.000-29.999 pounds. . . . . . . . .
30,000-35.999 pounds. .
. ..........
36,000-41.999 pounds.
42.000-47,999 pounds.
48,000-53,999 pounds. . . . .
. .........
54.000-59,999 pounds. . . . . . . . . . . .
60.000-65,999 pounds . . . . . . . . . . . . .
66.000-7 l ,999 pounds. . . . . . . . . . . . . .
72,000-77,999 pounds............
80.000 pounds or more. . . . . . . . . . . . . ......
$
$
$
$
$
$
$
$
$
$
$
.25
.35
.45
.60
.75
.90
1.05
1.20
1.45
1.70
2.00
Provided: (1) the minimum fee for any overweight permit shall be $5.00, (2) when computing overweight fees
which result in an amount less than even dollars the fee
shall be carried to the next full dollar if fifty cents or
over and shall be reduced to the next full dollar if forty-nine cents or under. [1975 1st ex.s. c 168 § 2; 1973
1st ex.s. c 1 § 3; 1971 ex.s. c 248 § 3; 1967 c 174 § 8;
1965 c 137 § 2.]
Motor Vehicles
than six thousand pounds. The fee for such a quarterly
permit shall be one-fourth the amount charged for a
corresponding twelve month permit, and shall further
be reduced by one-twelfth for each full calendar month
of the quarter that shall have elapsed at the time the
quarterly permit is purchased. In addition, a fee of five
dollars shall be charged for each quarterly permit issued
hereunder.
The quarterly periods covered by this section shall be
calendar quarters expiring on March 31, June 30, September 30, and December 31.
"Seasonal vehicles" as used in this section shall mean
vehicles or a combination of vehicles engaged exclusively in end or belly dump truck service, transportation
of logs, transportation of specialized underwater exploration equipment for hydroelectric projects, transportation of unprocessed agricultural commodities from farm
to place of first processing, and transportation of farm
and orchard supplies. [ 1975 1st ex.s. c 196 § 1.]
Effective date--1975 1st ex.s. c 168: See note following RCW
46.44.091.
46.44.130 Farm implements--Gross weight and
size limitation exception--Penalty. The limitations of
RCW 46.44.0 I 0, 46.44.020, 46.44.030, and 46.44.040
shall not apply to the movement of farm implements of
less than forty-five thousand pounds gross weight, a total length of seventy feet or less, and a total outside
width of fourteen feet or less when being moved while
patrolled, flagged, lighted, signed and at a time of day
in accordance with rules hereby authorized to be
adopted by the highway commission and the statutes.
Violation of a rule adopted by the highway commission
.as authorized by this section or a term of this section is
a misdemeanor. [ 1975 1st ex.s. c 168 § 3; 1973 1st ex.s. c
1 § I.]
Effective date--1975 1st ex.s. c 168: See note following RCW
Chapter 46.52
ACCIDENTS-REPORTS-ABANDONED
VEHICLES
Sections
46.52.020
Duty in case of injury to or death of person or damage
to attended vehicle or other property (as amended by
46.52.020
Duty in case of injury to or death of person or damage
to attended vehicle (as amended by 1975 !st ex.s. c
46.52.080
Confidentiality of reports--lnformation required to be
disclosed--Evidence.
Reports--False information.
Removal of abandoned vehicle or hulk from real property--Disposal.
Unauthorized vehicles--Removal from family residential property.
Unauthorized vehicles--Removal from other private
property--Posting requirements.
Unauthorized vehicles--Removal from private property--Duties required of towing firm--Lien-Penalty for noncompliance.
Unauthorized vehicles--Removal from private property--Must be released, when--Penalty for defrauding towing firm.
Disturbing vehicle left on private property--Liability.
1975 c 62).
210).
46.52.088
46.52.118
46.52.119
46.52.1192
46.52.1194
46.44.091.
46.52.1196
46.44.150 Highway improvement vehicles--Gross
weight limit excesses authorized--Limitations. The
state, county or city authority having responsibility for
the reconstruction or improvement of any public highway may, subject to prescribed conditions and limitations, authorize vehicles employed in such highway
reconstruction or improvement to exceed the gross
weight limitations contained in RCW 46.44.040, 46.44.042 and 46.44.044 without a special permit or additional fees as prescribed by chapter 46.44 RCW, but
only while operating within the boundaries of project
limits as defined in the public works contract or plans.
[1975 !st ex.s. c 63 § I.]
46.44.160 Seasonal vehicles--Quarterly permits
for additional tonnage. In the case of seasonal vehicles
for which licensed tonnage has been purchased on a
quarterly basis pursuant to RCW 46.16.135, then the
additional tonnage provided for in RCW 46.44.037 and
46.44.095 may be purchased on a quarterly basis: Provided, That the total additional tonnage purchased under each section or both sections combined is not less
11975 RCW Supp--p 4541
46.52.1198
46.52.020 Duty in case of injury to or death of person or damage to
attended vehicle or other property (as amended by 1975 c 62). (I) A
driver of any vehicle involved in an accident resulting in the injury to
or death of any person shall immediately stop such vehicle at the
scene of such accident or as close thereto as possible but shall then
forthwith return to, and in every event remain at, the scene of such
accident until he has fulfilled the requirements of subdivision (3) of
this section; every such stop shall be made without obstructing traffic
more than is necessary;
(2) The driver of any vehicle involved in an accident resulting only
in damage to a vehicle which is driven or attended by any person or
damage to other property shall immediately stop such vehicle at the
scene of such accident or as close thereto as possible and shall forthwith return to, and in any event shall remain at, the scene of such accident until he has fulfilled the requirements of subdivision (3) of this
section; every such stop shall be made without obstructing traffic
more than is necessary;
(3) Unless otherwise provided in subsection (6) of this section the
driver of any vehicle involved in an accident resulting in injury to or
death of any person or damage to any vehicle which is driven or attended by any person or damage to other property shall give his
name, address and vehicle license number and shall exhibit his vehicle
driver's license to any person struck or injured or the driver or any
Accidents--Reports--Abandoned Vehicles
occupant of, or any person attending, any such vehicle collided with
and shall render to any person injured in such accident reasonable
assistance, including the carrying or the making of arrangements for
the carrying of such person to a physician or hospital for medical
treatment if it is apparent that such treatment is necessary or if such
carrying is requested by the injured person or on his behalf. Under no
circumstances shall the rendering of assistance or other compliance
with the provisions of this subsection be evidence of the liability of
any driver for such accident;
(4) Any person failing to stop or to comply with any of the requirements of subdivision (3) of this section under said circumstances
shall, upon conviction, be punished by imprisonment for not less than
thirty days nor more than one year or by a fine of not less than one
hundred dollars nor more than five hundred dollars, or by both such
fine and imprisonment: Provided, That this provision shall not apply
to any person injured or incapacitated by such accident to the extent
of being physically incapable of complying herewith;
(5) Upon notice of conviction of any person under the provisions of
this section, the vehicle driver's license of the person so convicted
shall be revoked by the director;
(6) In the event that none of the persons specified are in condition
to receive the information to which they otherwise would be entitled
under subsection (3) of this section, and no police officer is present,
the driver of any vehicle involved in such accident after fulfilling all
other requirements of subsections (1) and (3) of this section insofar as
possible on his part to be performed, shall forthwith report such accident to the nearest office of the duly authorized police authority and
submit thereto the information specified in subsection (3) of this section. [1975 c 62 § 14; 1967 c 32 § 53; 1961 c 12 § 46.52.020. Prior:
1937 c 189 § 134; RRS § 6360--134; 1927 c 309 § 50, part; RRS §
6362-50, part.]
Severability--1975 c 62: See note following RCW 36.75.010.
46.52.020 Duty in case of injury to or death of person or damage to
attended vehicle (as amended by 1975 1st ex.s. c 210). (1) A driver of
any vehicle involved in an accident resulting in the injury to or death
of any person shall immediately stop such vehicle at the scene of such
accident or as close thereto as possible but shall then forthwith return
to, and in every event remain at, the scene of such accident until he
has fulfilled the requirements of subdivision (3) of this section;
(2) The driver of any vehicle involved in an accident resulting only
in damage to a vehicle which is driven or attended by any person
shall immediately stop such vehicle at the scene of such accident or as
close thereto as possible and shall forthwith return to, and in any
event shall remain at, the scene of such accident until he has fulfilled
the requirements of subdivision (3) of this section; ·
(3) The driver of any vehicle involved in an accident resulting in
injury to or death of any person or damage to any vehicle which is
driven or attended by any person shall give his name, address and
vehicle license number and shall exhibit his vehicle driver's license to
any person struck or injured or the driver or any occupant of, or any
person attending, any such vehicle collided with and shall render to
any person injured in such accident reasonable assistance, including
the carrying or the making of arrangements for the carrying of such
person to a physician or hospital for medical treatment if it is apparent that such treatment is necessary or if such carrying is requested by
the injured person or on his behalf. Under no circumstances shall the
rendering of assistance or other compliance with the provisions of this
subsection be evidence of the liability of any driver for such accident;
(4) Any person failing to stop or to comply with any of the requirements of subdivision (3) of this section under said circumstances
shall, upon conviction, be punished by imprisonment for not less than
thirty days nor more than one year or by a fine of not less than one
hundred dollars nor mo.re than five hundred dollars, or by both such
fine and imprisonment: Provided, That this provision shall not apply
to any person injured or incapacitated by such accident to the extent
of being physically incapable of complying herewith;
(5) The license or permit to drive or any nonresident privilege to
drive of any person convicted under this section or any local ordinance consisting of substantially the same language as this section of
failure to stop and give information or render aid following an accident with any vehicle driven or attended by any person shall be revoked by the department. [1975 !st ex.s. c 210 § I; 1967 c 32 § 53;
1961 c 12 § 46.52.020. Prior: 1937 c 189 § 134; RRS § 6360--134; 1927
c 309 § 50, part; RRS § 6362-50, part.]
46.52.118
Reviser's note: RCW 46.52.020 was amended twice in 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.
46.52.080 Confidentiality of reports--Information
required to be disclosed--Evidence. All required accident reports and supplemental reports and copies
thereof shall be without prejudice to the individual so
reporting and shall be for the confidential use of the
county prosecuting attorney and chief of police or
county sheriff, as the case may be, and the director of
motor vehicles and the chief of the Washington state
patrol, and other officer or commission as authorized by
law, except that any such officer shall disclose the
names and addresses of persons reported as involved in
an accident or as witnesses thereto, the vehicle license
plate numbers and descriptions of vehicles involved,
and the date, time and location of an accident, to any
person who may have a proper interest therein, including the driver or drivers involved, or the legal guardian
thereof, the parent of a minor driver, any person injured
therein, the owner of vehicles or property damaged
thereby, or any authorized representative of such an interested party. or the attorney or insurer thereof. No
such accident report or copy thereof shall be used as
evidence in any trial, civil or criminal, arising out of an
accident, except that any officer above named for receiving accident reports shall furnish, upon demand of
any person who has, or who claims to have, made such
a report, or, upon demand of any court, a certificate
showing that a specified accident report has or has not
been made to the chief of the Washington state patrol
solely to prove a compliance or a failure to comply with
the requirement that such a report be made in the
manner required by law: Provided, That the reports
may be used as evidence when necessary to prosecute
charges filed in connection with a violation of RCW
46.52.088. [1975 c 62 § 15; 1967 c 32 § 58; 1965 ex.s. c
119 § 3; 1961 c 12 § 46.52.080. Prior: 1937 c 189 § 140;
RRS § 6360-140.]
Severability--1975 c 62: See note following RCW 36.75.010.
46.52.088 Reports--False information. A person
shall not give information in oral or written reports as
required in chapter 46.52 RCW knowing that such information is false. [1975 c 62 § 16.]
Severability--1975 c 62: See note following RCW 36.75.010.
46.52.118 Removal of abandoned vehicle or hulk
from real property--Disposal. Any person having
possession or control of real property who finds an
abandoned vehicle or abandoned vehicle hulk as defined in RCW 46.52.102 standing upon that property is
authorized to have such vehicle or hulk removed by a
person properly registered pursuant to RCW 46.52.108.
Such vehicle shall be disposed of in accordance with the
procedure prescribed in RCW 46.52.111 and 46.52.112.
[1975 1st ex.s. c 281 § I.]
Severability--1975 1st ex.s. c 281: "If any provision of this 1975
amendatory act, or its application to any person or circumstance is
[1975 RCW Supp--p 4551
46.52.118
Title 46:
held invalid, the remainder of the act. or the application of the provis10n to other persons or circumstances is not affected." (1975 1st ex.s.
c 281 § 8.] This applies to RCW 46.52.118, to the amendment of
RCW 46.52.119, and to RCW 46.52.1192 through 46.52.1198.
46.52.119 Unauthorized vehicles--Removal from
familv residential property. Whenever any owner or person having possession or control of family residenti~l
property finds a vehicle other than an a~andoned vehicle as defined in RCW 46.52.102 standmg upon such
property without his consent, he is authorized to have
such vehicle removed from such property and stored or
held for its owner. [1975 1st ex.s. c 281 § 2; 1969 ex.s. c
208 § l.]
Severability--1975 1st ex.s. c 281: See note following RCW
46.52.118.
46.52.1192 Unauthorized vehicles--Removal from
other private property--Posting requirements. No person shall have the right to tow, remove, impound or
otherwise disturb any motor vehicle other than an
abandoned vehicle as defined in RCW 46.52.102, which
may be parked, stalled or otherwise left on private
property, other than family residential property, owned
or controlled by such person, unless there is posted on
or near the property in a clearly conspicuous locati<:>n a
sign or notice in compliance with rules and re~ulattons
of the director of the department of motor vehicles providing for, without limitation, specifications for signs
and posting thereof by persons intending to have unauthorized vehicles removed from property other than
family residential property. Such regulatio~s shall provide for notification to any person of the mtent of the
property holder to re~ove any ~.ma~thorized vehicles
and sufficient informat10n to assist m the prompt recovery of any vehicle removed. Such regulations shall
require as a minimum that the language on any such
sign provide:
(I) Notice that unauthorized vehicles will be
removed;
(2) The name, telephone number and _location of the
towing firm authorized to remove vehicles. [1975 1st
ex.s. c 281 § 3.]
Severability--1975 1st ex.s. c 281: See note following RCW
46.52.118.
46.52.1194 Unauthorized vehicles-Removal from
private property--Duties required of towing ~rm-­
Lien--Penalty for noncompliance. (1) Any towmg firm
removing vehicles from private property pursuant to
RCW 46.52.119 or 46.52.1192 shall:
(a) File with the department a detailed schedule of all
fees charged incident to the removal and storage of vehicles pursuant to RCW 46.52.119 or 46.52.1192;
(b) Post a copy of the schedule of fees on file with the
department in a prominent place at the business location where vehicles are released from storage;
(c) Maintain personnel able and authorized to re~ease
any vehicle to its owner on a twenty-four hour basts;
(d) After removing a vehicle from private property
pursuant to RCW 46.52.119 or 46.52.1192, report the
(1975 RCW Supp--p 456)
Motor Vehicles
fact of removal together with the license number, vehicle identification number, make, year and place of impoundment to the law enfor~ement agency w_ith
jurisdiction over the place of 1mpoundment, w_h1ch
agency shall maintain a_ Jog _of s~ch report_s: Prov1d~d,
That the reporting reqmred m this subsect10n shall mclude an immediate radio or telephone call to, and a
written notification, within twenty-four hours, to such
local law enforcement agency;
(e) If any vehicle removed pursuant to RCW 46.52.119 or 46.52.1192 remains unclaimed after twenty-four
hours, send to the registered owner of the vehicle by the
end of the next business day a notice by certified mail,
return receipt requested, advising that person of the
name, location and twenty-four hour telephone number
of the person, tow truck operator, or opera~or of any
storage facility who is empowered or authon~ed to return custody of any such towed, removed, or 1mp~und­
ed motor vehicle. The notification shall also contam an
estimate of the costs of towing, storage, or other services rendered during the course of removing, impounding, or storing any such motor vehicle. For the purpose
of sending such notice, the law enfor~ement agency to
which the report was made shall provide the name and
address of the registered owner, as it appears on the records of the department, to the towing firm removing a
vehicle under the provisions of RCW 46.52.118 thr~ugh
46.52.1198: Provided, That in the event such certified
Jetter has been refused or returned to sender unclaimed
the notification to the law enforcement agency as provided in subsection (l)(d) of this section shall constitute
actual notice to the registered and legal owner: Provided further, That the effect of other laws notwithstanding, the costs of towing, storage . or ?ther se~vices
rendered during the course of removmg, 1mpoundmg or
storing any such motor vehicle shall not constitute a
lien upon the legal ownership of such motor vehicle until forty-eight hours after the notice as provided in this
subsection has been received by the local Jaw enforcement agency or owner of the vehicle, at which time the
lien may be enforced as otherwise provided by law for
the enforcement of towing or storage liens or liens generally: And provided further, That if the towing firm
assesses a fee according to the miles a vehicle is towed,
the lien shall be, and the towing firm shall attempt to
recover, no more than the fees that would accrue for
towing to the nearest storage location of any towing
firm.
(2) A failure to comply with the provisions of this
section in regard to any vehicle waives the lien on that
vehicle, constitutes a bar to recovery of the charges accrued on that vehicle, and is grounds for the suspension
or revocation of the registration of any towing firm registered under RCW 46.52. l 08 to dispose of the abandoned vehicle: Provided, That no storage charges shall
accrue in any event until written notice as provided in
this section shall have been received by the local law
enforcement agency or owner of the vehicle. [ 1975 I st
ex.s. c 281 § 4.]
Severability--1975 1st ex.s. c 281: See note following RCW
46.52.118.
Rules of The Road
46.52.1196 Unauthorized vehicles-Removal from
private property--Must be released, when--Penalty
for defrauding towing firm. Any towing firm removing
vehicles from private property pursuant to RCW 46.52. l l 9 or 46.52.1192 shall release such vehicle to the owner, operator, driver, or authorized designee thereof upon
the presentation to any person having custody of such
vehicle of commercially reasonable tender sufficient to
cover the costs of towing, storage or other services
rendered during the course of towing, removing, impounding or storing any such motor vehicle, such commercially reasonable tender to include, without
limitation, cash, personal checks drawn on local banks
with proper identification, and valid and appropriate
credit cards: Provided however, That any person who
stops payment on a personal check with intent to defraud a towing firm which has provided a service pursuant to this section, or in any other manner defrauds
the towing firm in connection with services rendered
pursuant to this section shall be liable for damages in
the amount of twice the towing and storage fees, plus
costs and reasonable attorney's fees: Provided further,
That every towing firm providing service pursuant to
this section shall post a true copy of this section in a
conspicuous place upon its business premises: Provided
further, That if the owner, operator, driver or authorized designee thereof, shall provide adequate proof of
his financial responsibility, employment and residence
in the community to any person having custody of any
towed, removed, impounded or stored motor vehicle,
then the motor vehicle shall be released without payment, with the understanding that such costs shall be
paid within thirty days, or shall be recoverable through
an action by law. [1975 1st ex.s. c 281 § 5.]
46.61.060
46.61.065
46.61.072
46.52.1198 Disturbing vehicle left on private property--Liability. Any person acting to tow, remove or
otherwise disturb any motor vehicle parked, stalled or
otherwise left on privately owned or controlled property, and any person owning or controlling such private
property, or either of them, shall be liable to the owner,
operator or driver of a motor vehicle, or each of them,
for consequential and incidental damages arising from
any interference with the ownership or use of such motor vehicle which does not comply with the requirements of RCW 46.52.1192, 46.52.1194, and 46.52.1196.
[1975 1st ex.s. c 281 § 6.]
Pedestrian control signals.
Flashing signals.
Lane direction control signals--Legend.
DRIVING ON RIGHT SIDE OF ROADWAY-OVERTAKING
AND PASSING-USE OF ROADWAY
Passing vehicles proceeding in opposite directions.
46.61.105
When overtaking on the right is permitted.
46.61.115
One-way roadways and rotary traffic islands.
46.61.135
Restrictions on use of controlled-access roadway.
46.61.160
46.61.180
46.61.190
46.61.202
46.61.215
46.61.261
46.61.264
46.61.266
46.61.269
RIGHT OF WAY
Vehicle approaching intersection.
Vehicle entering stop or yield intersection.
Stopping when traffic obstructed.
Highway construction and maintenance.
PEDESTRIANS' RIGHTS AND DUTIES
Pedestrians' right of way on sidewalk.
Pedestrians yield to emergency vehicles.
Pedestrians under the influence of alcohol or drugs.
Passing beyond bridge or grade crossing barrier
prohibited.
TURNING AND STARTING AND SIGNALS ON STOPPING
AND TURNING
46.61.290
Required position and method of turning at
intersections.
"U" turns.
46.61.295
46.61.305
Turning, stopping, moving right or left--Signals required--Improper use prohibited.
46.61.350
46.61.355
46.61.360
46.61.420
46.61.435
46.61.440
Severability--1975 1st ex.s. c 281: See note following RCW
46.52.118.
Chapter 46.61
SPECIAL STOPS REQUIRED
Certain vehicles must stop at all railroad grade crossings--Exceptions.
Moving heavy equipment at railroad grade crossings--Notice of intended crossing.
Repealed.
Repealed.
SPEED RESTRICTIONS
Local authorities to provide "stop" or "yield" signs at
intersections with increased speed highways--Designated as arterials.
Maximum speed limit when passing school or playground crosswalks.
RECKLESS DRIVING, DRIVING WHILE INTOXICATED AND
NEGLIGENT HOMICIDE BY VEHICLE
46.61.506
Persons under influence of intoxicating liquor or
drug--Presumptions--Evidence--Chemical
tests--Information concerning tests.
46.61.510
Repealed.
46.61.515
Driving while under the influence of intoxicating liquor
or drugs--Penalties--Penalty assessments m addition to fines, etc.--Suspension or revocation of license--Appeal.
46.61.520
Negligent homicide by motor vehicle--Penalty.
46.61.540
"Drugs", what included.
46.61.587
Severability--1975 1st ex.s. c 281: See note following RCW
46.52.118.
Chapter 46.61
RULES OF THE ROAD
Sections
OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS
46.61.015
Obedience to police officers, flagmen, or fire fighters.
TRAFFIC SIGNS, SIGNALS AND MARKINGS
46.61.050
Obedience to and required traffic control devices.
46.61.055
Traffic control signal legend.
STOPPING, STANDING, AND PARKING
Stopping, standing, or parking prohibited in specified
places--Reserving portion of highway prohibited.
Additional parking regulations.
Special parking privileges for certain disabled persons--Display of card or decal--Prohibited areas.
Winter recreational parking areas--Special permit
required.
Winter recreational parking areas--Penalty.
46.61.606
46.61.608
46.61.610
46.61.614
46.61.635
MISCELLANEOUS RULES
Driving on sidewalk prohibited--Exception.
Operating motorcycles on roadways laned for traffic.
Riding on motorcycles.
Riding on motorcycles--Clinging to other vehicles.
Following fire apparatus prohibited.
46.61.570
46.61.575
46.61.580
46.61.585
OPERATION OF BICYCLES AND PLAY VEHICLES
46.61.780
Lamps and other equipment on bicycles.
(1975 RCW Supp--p 457)
Chapter 46.61
Title 46:
OBEDIENCE TO AND EFFECT OF TRAFFIC
LAWS
46.61.015 Obedience to police officers, flagmen, or
fire fighters. No person shall wilfully fail or refuse to
comply with any lawful order or direction of any duly
authorized flagman or any police officer or fire fighter
invested by law with authority to direct, control, or
regulate traffic. [1975 c 62 § 17; 1965 ex.s. c 155 § 3.]
Severability-1975 c 62: See note following RCW 36.75.010.
TRAFFIC SIGNS, SIGNALS AND MARKINGS
46.61.050 Obedience to and required traffic control
devices. (I) The driver of any vehicle, every bicyclist,
and every pedestrian shall obey the instructions of any
official traffic control device applicable thereto placed
in accordance with the provisions of this chapter, unless
otherwise directed by a traffic or police officer, subject
to the exception granted the driver of an authorized
emergency vehicle in this chapter.
(2) No provision of this chapter for which official
traffic control devices are required shall be enforced
against an alleged violator if at the time and place of
the alleged violation an official device is not in proper
position and sufficiently legible or visible to be seen by
an ordinarily observant person. Whenever a particular
section does not state that official traffic control devices
are required, such section shall be effective even though
no devices are erected or in place.
(3) Whenever official traffic control devices are placed
in position approximately conforming to the requirements of this chapter, such devices shall be presumed to
have been so placed by the official act or direction of
lawful authority, unless the contrary shall be established
by competent evidence.
(4) Any official traffic control device placed pursuant
to the provisions of this chapter and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the
requirements of this chapter, unless the contrary shall
be established by competent evidence. [1975 c 62 § 18;
1965 ex.s. c 155 § 7.]
Severability-1975 c 62: See note following RCW 36.75.010.
46.61.055 Traffic control signal legend. Whenever
traffic is controlled by traffic control signals exhibiting
different colored lights, or colored lighted arrows, successively one at a time or in combination, only the colors green, red and yellow shall be used, except for
special pedestrian signals carrying a w~rd legend, .and
said lights shall indicate and apply to dnvers of vehicles
and pedestrians as follows:
( 1) Green indication
(a) Vehicular traffic facing a circular green signal may
proceed straight through. or ~urn right or left unless. a
sign at such place proh1b1ts either such turn. But vehicular traffic, including vehicles turning right or left, shall
yield the right of way to other vehicles and to pedestrians lawfully within the intersection or an adjacent
crosswalk at the time such signal is exhibited.
(1975 RCW Supp---p 458)
Motor Vehicles
(b) Vehicular traffic facing a green arrow signal.
shown alone or in combination with another indication,
may cautiously enter the intersection only to make the
movement indicated by such arrow. or such other
movement as is permitted by other indications shown at
the same time. Such vehicular traffic shall yield the right
of way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.
(c) Unless otherwise directed by a pedestrian control
signal, as provided in RCW 46.61.060 as now or hereafter amended, pedestrians facing any green signal, except when the sole green signal is a turn arrow, may
proceed across the roadway within any marked or unmarked crosswalk.
(2) Steady yellow indication
(a) Vehicular traffic facing a steady circular yellow or
yellow arrow signal is thereby warned that the rel.ate?
green movement is being terminated or that a red md1cation will be exhibited immediately thereafter when
vehicular traffic shall not enter the intersection.
(b) Pedestrians facing a steady circular yellow or yellow arrow signal, unless otherwise directed by a pedestrian control signal as provided in RCW 46.61.060 as
now or hereafter amended, are thereby advised that
there is insufficient time to cross the roadway before a
red indication is shown and no pedestrian shall then
start to cross the roadway.
(3) Steady red indication
(a) Vehicular traffic facing a steady circular red signal
alone shall stop at a clearly marked stop line, but if
none, before entering the crosswalk on the near side of
the intersection or, if none, then before entering the intersection and shall remain standing until an indication
to proceed is shown: Provided, That such traffic may,
after stopping cautiously proceed to make a right turn
from a one-way or two-way street into a two-way
street or into a one-way street carrying traffic in the direction of the right turn; or a left turn from a one-way
or two-way street into a one-way street carrying traffic
in the direction of the left turn; unless a sign posted by
competent authority prohibits such movement; but vehicular traffic making such turns shall yield the right of
way to other vehicles and to pedestrians lawfully within
the intersection or an adjacent crosswalk at the time
such signal is exhibited.
(b) Unless otherwise directed by a pedestrian control
signal as provided in RCW 46.61.060 as now or hereafter amended, pedestrians facing a steady circular red
signal alone shall not enter the roadway.
(c) Vehicular traffic facing a steady red arrow indication may not enter the intersection to make the movement indicated by such arrow, and unless entering the
intersection to make such other movement as is permitted by other indications shown at the same time, shall
stop at a clearly marked stop line, but if none, before
entering a crosswalk on the near side of the intersection, or if none, then before entering the intersection
and shall remain standing until an indication to make
the movement indicated by such arrow is shown: Provided, That such traffic may, after stopping cautiously
proceed to make a right turn from a one-way or twoway street into a two-way street or into a one-way
Rules of The Road
street carrying traffic in the direction of the right turn;
or a left turn from a one-way street or two-way street
into a one-way street carrying traffic in the direction of
the left turn; unless a sign posted by competent authority prohibits such movement; but vehicular traffic making such turns shall yield the right of way to other
vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is
exhibited.
(d) Unless otherwise directed by a pedestrian signal,
pedestrians facing a steady red arrow signal indication
shall not enter the roadway.
(4) In the event an official traffic control signal is
erected and maintained at a place other than an intersection, the provisions of this section shall be applicable
except as to those provisions which by their nature can
have no application. Any stop required shall be made at
a sign or marking on the pavement indicating where the
stop shall be made, but in the absence of any such sign
or marking the stop shall be made at the signal. [1975 c
62 § 19; 1965 ex.s. c 155 § 8.]
Severability-1975 c 62: See note following RCW 36.75.010.
46.61.060 Pedestrian control signals. Whenever special pedestrian control signals exhibiting the words
"Walk" or "Don't Walk" are in place such signals shall
indicate as follows:
(1) WALK-Pedestrians facing such signal may proceed across the roadway in the direction of the signal
and shall be given the right of way by the drivers of all
vehicles.
(2) STEADY DON'T WALK or FLASHING
DON'T WALK-No pedestrian shall start to cross the
roadway in the direction of either such signal, but any
pedestrian who has partially completed his crossing on
the walk signal shall proceed to a sidewalk or safety island while the don't walk signal is showing.
(3) Pedestrian control signals having the "Wait" legend in use on August 6, 1965, shall be deemed authorized signals and shall indicate the same as the "Don't
Walk" legend. Whenever such pedestrian control signals are replaced the legend "Wait" shall be replaced
by the legend "Don't Walk". [1975 c 62 § 20; 1965 ex.s.
cl55§9.]
Severability-1975 c 62: See note following RCW 36.75.010.
46.61.115
(b) FLASHING YELLOW (CAUTION SIGNAL).
When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the
intersection or past such signal only with caution.
(2) This section shall not apply at railroad grade
crossings. Conduct of drivers of vehicles approaching
railroad grade crossings shall be governed by the rules
as set forth in RCW 46.61.340. [ 1975 c 62 § 21; I 965
ex.s. c 155 § 10.]
Severability-1975 c 62: See note following RCW 36.75.010.
46.61.072 Lane direction control signals--Legend.
Whenever special traffic control signals exhibit a downward green arrow, a yellow X, or a red X indication,
such signal indication shall have the following meaning:
(I) A steady downward green arrow means that a
driver is permitted to drive in the lane over which the
arrow signal is located.
(2) A steady yellow X or flashing red X means that a
driver should prepare to vacate, in a safe manner, the
lane over which the signal is located because a lane
control change is being made, and to avoid occupying
that lane when a steady red X is displayed.
(3) A flashing yellow X means that a driver is permitted to use a lane over which the signal is located for
a left turn, using proper caution.
(4) A steady red X means that a driver shall not drive
in the lane over which the signal is located, and that
this indication shall modify accordingly the meaning of
all other traffic controls present. The driver shall obey
all other traffic controls and follow normal safe driving
practices. [1975 c 62 § 49.]
Severability-1975 c 62: See note following RCW 36.75.010.
DRIVING ON RIGHT SIDE OF ROADWAYOVERTAKING AND PASSING-USE OF
ROADWAY
46.61.105 Passing vehicles proceeding in opposite directions. Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon
roadways having width for not more than one line of
traffic in each direction each driver shall give to the
other at least one-half of the main-traveled portion of
the roadway as nearly as possible. [1975 c 62 § 22; 1965
ex.s. c 155 § 16.]
Severability-1975 c 62: See note following RCW 36.75.010.
46.61.065 Flashing signals. (I) Whenever an illuminated flashing red or yellow signal is used in a traffic
sign or signal it shall require obedience by vehicular
traffic as follows:
(a) FLASHING RED (STOP SIGNAL). When a red
lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop at a clearly marked stop line,
but if none, before entering a marked crosswalk on the
near side of the intersection, or, if none, then at the
point nearest the intersecting roadway where the driver
has a view of approaching traffic on the intersecting
roadway before entering the intersection, and the right
to proceed shall be subject to the rules applicable after
making a stop at a stop sign.
46.61.115 When overtaking on the right is permitted.
(I) The driver of a vehicle may overtake and pass upon
the right of another vehicle only under the following
conditions:
(a) When the vehicle overtaken is making or about to
make a left turn;
(b) Upon a roadway with unobstructed pavement of
sufficient width for two or more lines of vehicles moving
lawfully in the direction being traveled by the overtaking vehicle.
(2) The driver of a vehicle may overtake and pass
another vehicle upon the right only under conditions
permitting such movement in safety. Such movement
11975 RCW Supp--p 4591
46.61.115
Title 46:
Motor Vehicles
shall not be made hy driving off the roadway. [1975 c
62 § 23; 1965 ex.s. c 155 § 18.]
Severabilit)-1975 c 62: See note following RCW 36.75.010.
46.61.135 One-way roadways and rotary traffic islands. (1) The state highway commission and local authorities with respect to highways under their respective
jurisdictions may designate any highway, roadway, part
of a roadway, or specific lanes upon which vehicular
traffic shall proceed in one direction at all or such times
as shall be indicated by official traffic control devices.
(2) Upon a roadway so designated for one-way traffic, a vehicle shall be driven only in the direction designated at all or such times as shall be indicated by
official traffic control devices.
(3) A vehicle passing around a rotary traffic island
shall be driven only to the right of such island. [1975 c
62 § 24; 1965 ex.s. c 155 § 22.]
Severability-1975 c 62: See note following RCW 36.75.010.
46.61.160 Restrictions on use of controlled-access
roadway. The state highway commission may by resolution or order, and local authorities may by ordinance or
resolution, with respect to any limited access roadway
under their respective jurisdictions prohibit the use of
any such roadway by funeral processions, or by parades, pedestrians, bicycles or other nonmotorized traffic, or by any person operating a motor-driven cycle.
The state highway commission or the local authority
adopting any such prohibitory regulation shall erect
and maintain official traffic control devices on the limited access roadway on which such regulations are applicable and when so erected no person shall disobey
the restrictions stated on such devices. [1975 c 62 § 25;
1965 ex.s. c 155 § 27.]
Severability-1975 c 62: See note following RCW 36.75.010.
RIGHT OF WAY
intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the roadway. and after having stopped shall yield
the right of way to any vehicle in the intersection or
approaching on another roadway so closely as to constitute an immediate hazard during the time when such
driver is moving across or within the intersection or
junction of roadways.
(3) The driver of a vehicle approaching a yield sign
shall in obedience to such sign slow down to a speed
reasonable for the existing conditions and if required
for safety to stop, shall stop at a clearly marked stop
line, but if none, before entering a marked crosswalk on
the near side of the intersection or if none, then at the
point nearest the intersecting roadway where the driver
has a view of approaching traffic on the intersecting
roadway before entering the roadway, and then after
slowing or stopping, the driver shall yield the right of
way to any vehicle in the intersection or approaching
on another roadway so closely as to. constitute an immediate hazard during the time such driver is moving
across or within the intersection or junction of roadways: Provided, That if such a driver is involved in a
collision with a vehicle in the intersection or junction of
roadways, after driving past a yield sign without stopping, such collision shall be deemed prima facie evidence of his failure to yield right of way. [ 1975 c 62 §
27; 1965 ex.s. c 155 § 30.]
Severability-1975 c 62: See note following RCW 36.75.010.
46.61.202 Stopping when traffic obstructed. No driver shall enter an intersection or a marked crosswalk or
drive onto any railroad grade crossing unless there is
sufficient space on the other side of the intersection,
crosswalk, or railroad grade crossing to accommodate
the vehicle he is operating without obstructing the passage of other vehicles, pedestrians, or railroad trains
notwithstanding any traffic control signal indications to
proceed. [ 1975 c 62 § 48.]
Severability-1975 c 62: See note following RCW 36.75.010.
46.61.180 Vehicle approaching intersection. (1) When
two vehicles approach or enter an intersection from
different highways at approximately the same time, the
driver of the vehicle on the left shall yield the right of
way to the vehicle on the right.
(2) The right of way rule declared in subsection (1) of
this section is modified at arterial highways and otherwise as stated in this chapter. [ 1975 c 62 § 26; 1965 ex.s.
c 155 § 28.]
Severability-1975 c 62: See note following RCW 36.75.010.
46.61.190 Vehicle entering stop or yield intersection.
(I) Preferential right of way may be indicated by stop
signs or yield signs as authorized in RCW 47.36.110.
(2) Except when directed to proceed by a duly authorized flagman, or a police officer, or a fire fighter
vested by law with authority to direct, control, or regulate traffic, every driver of a vehicle approaching a stop
sign shall stop at a clearly marked stop line, but if none,
before entering a marked crosswalk on the near side of
the intersection or, if none, then at the point nearest the.
11975 RCW
Sup~
4601
46.61.215 Highway construction and maintenance. (1)
The driver of a vehicle shall yield the right of way to
any authorized vehicle or pedestrian actually engaged
in work upon a highway within any highway construction or maintenance area indicated by official traffic
control devices.
(2) The driver of a vehicle shall yield the right of way
to any authorized vehicle obviously and actually engaged in work upon a highway whenever such vehicle
displays flashing lights meeting the requirements of
RCW 46.37.300. [1975 c 62 § 40.]
Severability-1975 c 62: See note following RCW 36.75.010.
PEDESTRIANS' RIGHTS AND DUTIES
46.61.261 Pedestrians' right of way on sidewalk. The
driver of a vehicle shall yield the right of way to any
pedestrian on a sidewalk. [1975 c 62 § 41.]
Severability-1975 c 62: See note following RCW 36.75.010.
Rules of The Road
46.61.264 Pedestrians yield to emergency vehicles.
(I) Upon the immediate approach of an authorized
emergency vehicle making use of an audible signal
meeting the requirements of RCW 46.37.380 subsection
(4) and visual signals meeting the requirements of RCW
46.37.190, or of a police vehicle meeting the requirements of RCW 46.61.035 subsection (3), every pedestrian shall yield the right of way to the authorized
emergency vehicle.
(2) This section shall not relieve the driver of an authorized emergency vehicle from the duty to drive with
due regard for the safety of all persons using the highway nor from the duty to exercise due care to avoid
colliding with any pedestrian. [1975 c 62 § 42.]
Severability-1975 c 62: See note following RCW 36.75.010.
46.61.266 Pedestrians under the influence of alcohol
or drugs. A pedestrian who is under the influence of alcohol or any drug to a degree which renders himself a
hazard shall not walk or be upon a highway except on a
sidewalk or, where there is no sidewalk, then off the
main traveled portion of the highway. [1975 c 62 § 43.]
Severability-1975 c 62: See note following RCW 36.75.010.
46.61.269 Passing beyond bridge or grade crossing
barrier prohibited. (1) No pedestrian shall enter or remain upon any bridge or approach thereto beyond a
bridge signal gate, or barrier indicating a bridge is
closed to through traffic, after a bridge operation signal
indication has been given.
(2) No pedestrian shall pass through, around, over, or
under any crossing gate or barrier at a railroad grade
crossing or bridge while such gate or barrier is closed or
is being opened or closed. [1975 c 62 § 44.]
Severability-1975 c 62: See note following RCW 36.75.010.
TURNING AND STARTING AND SIGNALS ON
STOPPING AND TURNING
46.61.290 Required position and method of turning at
intersections. The driver of a vehicle intending to turn
shall do so as follows:
(1) Right turns. Both the approach for a right turn
and a right turn shall be made as close as practicable to
the right-hand curb or edge of the roadway.
(2) Left turns. The driver of a vehicle intending to
turn left shall approach the turn in the extreme lefthand lane lawfully available to traffic moving in the direction of travel of such vehicle. Whenever practicable
the left turn shall be made to the left of the center of
the intersection and so as to leave the intersection or
other location in the extreme left-hand lane lawfully
available to traffic moving in the same direction as such
vehicle on the roadway being entered.
(3) Two-way left turn lanes.
(a) The department of highways and local authorities
in their respective jurisdictions may designate a twoway left turn lane on a roadway. A two-way left turn
lane is near the center of the roadway set aside for use
by vehicles making left turns in both directions from or
into the roadway.
46.61.305
(b) Two-way left turn lanes shall be designated by
distinctive uniform roadway markings. The department
of highways shall determine and prescribe standards
and specifications governing type, length, width, and
positioning of the distinctive permanent markings. The
standards and specifications developed shall be filed
with the code reviser in accordance with the procedures
set forth in the administrative procedure act, chapter
34.04 RCW. On and after July 1, 1971, permanent markings designating a two-way left turn lane shall conform to such standards and specifications.
(c) Upon a roadway where a center lane has been
provided by distinctive pavement markings for the use
of vehicles turning left from both directions, no vehicles
shall turn left from any other lane. A vehicle shall not
be driven in this center lane for the purpose of overtaking or passing another vehicle proceeding in the same
direction. A signal, either electric or manual, for indicating a left turn movement, shall be made at least one
hundred feet before the actual left turn movement is
made. Any maneuver other than a left turn from or into
this center lane will be deemed a violation of this
section.
(4) The state highway commission and local authorities in their respective jurisdictions may cause official
traffic control devices to be placed and thereby require
and direct that a different course from that specified in
this section be traveled by turning vehicles, and when
such devices are so placed no driver of a vehicle shall
turn a vehicle other than as directed and required by
such devices. [1975 c 62 § 28; 1969 ex.s. c 281 § 61;
1965 ex.s. c 155 § 40.]
Severability-1975 c 62: See note following RCW 36.75.010.
46.61.295 "U" turns. (1) The driver of any vehicle
shall not turn such vehicle so as to proceed in the opposite direction unless such movement can be made in
safety and without interfering with other traffic.
(2) No vehicle shall be turned so as to proceed in the
opposite direction upon any curve, or upon the approach to or near the crest of a grade, where such vehicle cannot be seen by the driver of any other vehicle
approaching from either direction within five hundred
feet. [1975 c 62 § 29; 1965 ex.s. c 155 § 41.]
Severability-1975 c 62: See note following RCW 36.75.010.
46.61.305 Turning, stopping, moving right or left-Signals required--Improper use prohibited. (1) No
person shall turn a vehicle or move right or left upon a
roadway unless and until such movement can be made
with reasonable safety nor without giving an appropriate signal in the manner hereinafter provided.
(2) A signal of intention to turn or move right or left
when required shall be given continuously during not
less than the last one hundred feet traveled by the vehicle before turning.
(3) No person shall stop or suddenly decrease the
speed of a vehicle without first giving an appropriate
signal in the manner provided herein to the driver of
any vehicle immediately to the rear when there is opportunity to give such signal.
(1975 RCW Supp--p 461)
Title 46:
46.61.305
(~) The signals provided for in RCW 46.61.310 subsection (2). shall not be flashed on one side only on a
disabled vehicle, flashed as a courtesy or "do pass'' signal to operators of other vehicles approaching from the
rear. nor be flashed on one side only of a parked vehicle
except as may be necessary for compliance with this
section. [1975 c 62 § 30; 1965 ex.s. c 155 § 43.]
Severability-1975 c 62: See note following RCW 36.75.010.
SPECIAL STOPS REQUIRED
46.61.350 Certain vehicles must stop at all railroad
grade crossings--Exceptions. ( 1) The driver of any
motor vehicle carrying passengers for hire, other than a
passenger car, or of any school bus or private carrier
bus carrying any school child, or other passenger, or of
any vehicle carrying explosive substances or flammable
liquids as a cargo or part of a cargo, before crossing at
grade any track or tracks of a railroad, shall stop such
vehicle within fifty feet but not less than fifteen feet
from the nearest rail of such railroad and while so
stopped shall .listen and look in both directions along
such track for any approaching train, and for signals
indicating the approach of a train, except as hereinafter
provided, and shall not proceed until he can do so
safely. After stopping as required herein and upon proceeding when it is safe to do so the driver of any said
vehicle shall cross only in such gear of the vehicle that
there will be no necessity for changing gears while traversing such crossing and the driver shall not shift gears
while crossing the track or tracks.
(2) This section shall not apply at:
(a) Any railroad grade crossing at which traffic is
controlled by a police officer or a duly authorized
flagman;
(b) Any railroad grade crossing at which traffic is
regulated by a traffic control signal;
(c) Any railroad grade crossing protected by crossing
gates or an alternately flashing light signal intended to
give warning of the approach of a railroad train;
(d) Any railroad grade crossing at which an official
traffic control device gives notice that the stopping requirement imposed by this section does not apply. [1975
c 62 § 31; 1970 ex.s. c 100 § 7; 1965 ex.s. c 155 § 48.]
Severability-1975 c 62: See note following RCW 36.75.010.
46.61.355 Moving heavy equipment at railroad grade
crossings--Notice of intended crossing. (1) No person
shall operate or move any crawler-type tractor, steam
shovel, derrick, roller, or any equipment or structure
having a normal operating speed of ten or less miles per
hour or a vertical body or load clearance of less than
one-half inch per foot of the distance between any two
adjacent axles or in any event of less than nine inches,
measured above the level surface of a roadway, upon or
across any tracks at a railroad grade crossing without
first complying with this section.
(2) Notice of any such intended crossing shall be given to the station agent of such railroad located nearest
the intended crossing sufficiently in advance to allow
(1975 RCW
Sup~
462)
Motor Vehicles
such railroad a reasonable time to prescribe proper
protection for such crossing.
(3) Before making any such crossing the person operating or moving any such vehicle or equipment shall
first stop the same not less than fifteen feet nor more
than fifty feet from the nearest rail of such railroad and
while so stopped shall listen and look in both directions
along such track for any approaching train and for signals indicating the approach of a train, and shall not
proceed until the crossing can be made safely.
(4) No such crossing shall be made when warning is
given by automatic signal or crossing gates or a flagman
or otherwise of the immediate approach of a railroad
train or car. If a flagman is provided by the railroad,
movement over the crossing shall be under his direction. [1975 c 62 § 32; 1965 ex.s. c 155 § 49.]
Severability-1975 c 62: See note following RCW 36.75.010.
46.61.360 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
46.61.420 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
SPEED RESTRICTIONS
46.61.435 Local authorities to provide "stop" or
"yield" signs at intersections with increased speed highways--Designated as arterials. The governing body or
authority of any such city or town or political subdivision shall place and maintain upon each and every
highway intersecting a highway where an increased
speed is permitted, as provided in this chapter, appropriate stop or yield signs, sufficient to be read at any
time by any person upon approaching and entering the
highway upon which such increased speed is permitted
and such city street or such portion thereof as is subject
to the increased speed shall be an arterial highway.
[1975 c 62 § 33; 1961 c 12 § 46.48.046. Prior: 1951 c 28
§ 4; prior: 1937 c 189 § 66, part; RRS § 6360--66, part;
1927 c 309 § 5, part; 1921 c 96 § 41, part; 1919 c 59 §
13, part; 1917 c 155 § 20, part; 191'5 c 142 § 34, part;
RRS § 6362-5, part. Formerly RCW 46.48.046.]
Severability-1975 c 62: See note following RCW 36.75.010.
Designation of city streets as arterials, stopping on entering: RCW
46.61.195.
Traffic control signals or devices upon city streets forming part of
state highways: RCW 46.61.085.
46.61.440 Maximum speed limit when passing school
or playground crosswalks. Subject to RCW 46.61.400(1),
and except in those instances where a lower maximum
lawful speed is provided by this chapter or otherwise, it
shall be unlawful for the operator of any vehicle to operate the same at a speed in excess of twenty miles per
hour when operating any vehicle upon a highway either
inside or outside an incorporated city or town when
passing any marked school or playground crosswalk
when such marked crosswalk is fully posted with standard school speed limit signs or standard playground
speed limit signs. The speed zone at the crosswalk shall
extend three hundred feet in either direction from the
46.61.515
Rules of The Road
marked crosswalk. [ 1975 c 62 § 34; 1963 c 16 § 5; 1961
c 12 § 46.48.023. Prior: 1951 c 28 § 9; 1949 c 196 § 6,
part; 1947 c 200 § 8, part; 1937 c 189 § 64, part; Rem.
Supp. 1949 § 6360-64, part; 1927 c 309 § 3, part; 1923 c
181 § 6, part; 1921 c 96 § 27, part; 1917 c 155 § 16,
part; 1915 c 142 § 24, part; RRS § 6362-3, part; 1909 c
249 § 279, part; Rem. & Bal. § 2531, part. Formerly
RCW 46.48.023.]
Severability-1975 c 62: See note following RCW 36.75.010.
RECKLESS DRIVING, DRIVING WHILE
INTOXICATED AND NEGLIGENT HOMICIDE
BY VEHICLE
46.61.506 Persons under influence of intoxicating liquor or drug--Presumptions--Evidence-Chemical tests--Information concerning tests. (I) It is
unlawful for any person who is under the influence of
or affected by the use of intoxicating liquor or of any
drug to drive or be in actual physical control of a vehicle within this state.
(2) Upon the trial of any civil or criminal action or
proceeding arising out of acts alleged to have been
committed by any person while driving or in actual
physical control of a vehicle while under the influence
of intoxicating liquor, the amount of alcohol in the person's blood at the time alleged as shown by chemical
analysis of his blood, breath or other bodily substance,
shall give rise to the following presumptions:
(a) If there was at that time 0.05 percent or less by
weight of alcohol in the person's blood, it shall be presumed that he was not under the influence of intoxicating liquor.
(b) If there was at that time in excess of 0.05 percent
but less than 0.10 percent by weight of alcohol in the
person's blood, such fact shall not give rise to any presumption that the person was or was not under the influence of intoxicating liquor, but such fact may be
considered with other competent evidence in determining whether the person was under the influence of intoxicating liquor.
(c) If there was at that time 0.10 percent or more by
weight of alcohol in the person's blood, it shall be presumed that he was under the influence of intoxicating
liquor.
(d) Percent by weight of alcohol in the blood shall be
based upon milligrams of alcohol per one hundred cubic centimeters of blood.
(e) The foregoing provisions of this section shall not
be construed as limiting the introduction of any other
competent evidence bearing upon the question whether
the person was under the influence of intoxicating
liquor.
(3) Chemical analysis of the person's blood or breath
to be considered valid under the provisions of this section shall have been performed according to methods
approved by the state toxicologist and by an individual
possessing a valid permit issued by the state toxicologist
for this purpose. The state toxicologist is directed to
approve satisfactory techniques or methods, to supervise the examination of individuals to ascertain their
qualifications and competence to conduct such analyses, and to issue permits which shall be subject to termination or revocation at the discretion of the state
toxicologist.
(4) When a blood test is administered under the provisions of RCW 46.20.308, the withdrawal of blood for
the purpose of determining its alcoholic content may be
performed only by a physician, a registered nurse, or a
qualified technician. This limitation shall not apply to
the taking of breath specimens.
(5) The person tested may have a physician, or a
qualified technician, chemist, registered nurse, or other
qualified person of his own choosing administer a
chemical test or tests in addition to any administered at
the direction of a law enforcement officer. The failure
or inability to obtain an additional test by a person
shall not preclude the admission of evidence relating to
the test or tests taken at the direction of a law enforcement officer.
(6) Upon the request of the person who shall submit
to a chemical test or tests at the request of a law enforcement officer, full information concerning the test
or tests shall be made available to him or his attorney.
[1975 1st ex.s. c 287 § l; 1969 c 1 § 3 (Initiative Measure No. 242 § 3).]
Severability-1969 c 1: See RCW 46.20.911.
46.61.510 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
46.61.515 Driving while under the influence of intoxicating liquor or drugs--Penalties--Penalty assessments in addition to fines, etc.-Suspension or
revocation of license-Appeal. (I) Every person who is
convicted of a violation of (a) driving a motor vehicle
while under the influence of intoxicating liquor or (b)
driving a motor vehicle while under the influence of a
drug to a degree which renders the driver incapable of
safely driving a motor vehicle shall be punished by imprisonment for not less than five days nor more than
one year, and by a fine of not less than fifty dollars nor
more than five hundred dollars.
On a second or subsequent conviction of either offense within a five year period he shall be punished by
imprisonment for not less than thirty days nor more
than one year and by a fine not less than one hundred
dollars nor more than one thousand dollars, and neither
the jail sentence nor the fine shall be suspended: Provided, That the court may, for a defendant who has not
previously had a jail sentence suspended on such second or subsequent conviction, suspend such sentence
and/or fine only on the condition that the defendant
participate in and successfully complete a court approved alcohol treatment program: Provided, further,
That the suspension shall be set aside upon the failure
of the defendant to provide proof of successful completion of said treatment program within a time certain to
be established by the court. If such person at the time
of a second or subsequent conviction is without a license or permit because of a previous suspension or revocation, the minimum mandatory sentence shall be
(1975 RCW Supp--p 463)
46.61.515
Title 46:
ninety days in jail and a two hundred dollar fine. The
penalty so imposed shall not be suspended.
(2) There shall be levied and paid into the highway
safet) fund of the state treasury a penalty assessment in
the minimum amount of twenty-five percent of, and
which shall be in addition to, any fine, bail forfeiture. or
costs on all offenses involving a violation of any state
statute or city or county ordinance relating to driving a
motor vehicle while under the influence of intoxicating
liquor or being in actual physical control of a motor
vehicle while under the influence of intoxicating liquor:
Provided, That all funds derived from such penalty assessment shall be in addition to and exclusive of assessments made under RCW 46.81.030 and shall be for the
exclusive use of the department for driver services programs and for a state-wide alcohol safety action program, or other similar programs designed primarily for
the rehabilitation or control of traffic offenders. Such
penalty assessment shall be included in any bail schedule and shall be included by the court in any pronouncement of sentence.
(3) Notwithstanding the provisions contained in
chapters 3.16, 3.46, 3.50, 3.62 or 35.20 RCW, or any
other section, the penalty assessment provided for in
subsection (2) of this section shall not be suspended,
waived, modified, or deferred in any respect and all
moneys derived from such penalty assessments shall be
forwarded to the highway safety fund to be used exclusively for the purposes set forth in subsection (2) of this
section.
(4) The license or permit to drive or any nonresident
privilege of any person convicted of either of the offenses named in subsection (I) above shall:
(a) Be suspended by the department for not less than
thirty days;
(b) On a second conviction under either such offense
within a five year period, be suspended by the department for not less than sixty days after the termination
of such person's jail sentence;
(c) On a third or subsequent conviction under either
such offense within a five year period, be revoked by
the department.
(5) In any case provided for in this section, where a
driver's license is to be revoked or suspended, such revocation or suspension shall be stayed and shall not
take effect until after the determination of any appeal
from the conviction which may lawfully be taken, but
in case such conviction is sustained on appeal such revocation or suspension shall take effect as of the date
that the conviction becomes effective for other purposes. [ 1975 1st ex.s. c 287 § 2; 1974 ex.s. c 130 § I;
1971 ex.s. c 284 § I; 1967 c 32 § 68; 1965 ex.s. c 155 §
62.]
Severability-1971 ex.s. c 284: See note following RCW
46.65.010.
Highway safety fund: RCW 46.68.060.
Revocation of license for driving under the influence of intoxicating
liquor or drugs: RCW 46.20.285.
(1975 RCW Supp-----p 464]
Motor Vehicles
46.61.520 Negligent homicide by motor vehicle-Penalty. (1) When the death of any person shall ensue
within three years as a proximate result of injury received by the driving of any vehicle by any person
while under the influence of or affected by intoxicating
liquor or drugs, or by the operation of any vehicle in a
reckless manner or with disregard for the safety of others, the person so operating such vehicle shall be guilty
of negligent homicide by means of a motor vehicle.
(2) Any person convicted of negligent homicide by
means of a motor vehicle shall be punished by imprisonment in the state penitentiary for not more than ten
years, or by imprisonment in the county jail for not
more than one year, or by fine of not more than one
thousand dollars, or by both fine and imprisonment.
[1975 1st ex.s. c 287 § 3; 1973 2nd ex.s. c 38 § 2; 1970
ex.s. c 49 § 5; 1965 ex.s. c 155 § 63; 1961 c 12 § 46.56.040. Prior: 1937 c 189 § 120; RRS § 6360-120. Formerly RCW 46.56.040.]
Severability-1970 ex.s. c 49: See note following RCW 9.48.010.
Suspension or revocation of license upon conviction of manslaughter
or negligent homicide resulting from operation of motor vehicle:
RCW 46.20.285, 46.20.291.
46.61.540 "Drugs", what included. The word
"drugs", as used in RCW 46.61.500 through 46.61.535,
shall include but not be limited to those drugs and substances regulated by chapters 69.41 and 69.50 RCW.
[1975 1st ex.s. c 287 § 5.]
STOPPING, STANDING, AND PARKING
46.61.570 Stopping, standing, or parking prohibited
in specified places--Reserving portion of highway prohibited. (1) Except when necessary to avoid conflict
with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall:
(a) Stop, stand, or park a vehicle:
(i) On the roadway side of any vehicle stopped or
parked at the edge or curb of a street;
(ii) On a sidewalk or street planting strip;
(iii) Within an intersection;
(iv) On a crosswalk;
(v) Between a safety zone and the adjacent curb or
within thirty feet of points on the curb immediately opposite the ends of a safety zone, unless official signs or
markings indicate a different no-parking area opposite
the ends of a safety zone;
(vi) Alongside or opposite any street excavation or
obstruction when stopping, standing, or parking would
obstruct traffic;
(vii) Upon any bridge or other elevated structure
upon a highway or within a highway tunnel;
(viii) On any railroad tracks;
(ix) In the area between roadways of a divided highway including crossovers; or
(x) At any place where official signs prohibit
stopping.
(b) Stand or park a vehicle, whether occupied or not,
except momentarily to pick up or discharge a passenger
or passengers:
46.61.606
Rules of The Road
(i) In front of a public or private driveway or within
five feet of the end of the curb radius leading thereto;
(ii) Within fifteen feet of a fire hydrant;
(iii) Within twenty feet of a crosswalk;
(iv) Within thirty feet upon the approach to any
flashing signal, stop sign, yield sign, or traffic control
signal located at the side of a roadway;
(v) Within twenty feet of the driveway entrance to
any fire station and on the side of a street opposite the
entrance to any fire station within seventy-five feet of
said entrance when properly signposted; or
(vi) At any place where official signs prohibit
standing.
(c) Park a vehicle, whether occupied or not, except
temporarily for the purpose of and while actually engaged in loading or unloading property or passengers:
(i) Within fifty feet of the nearest rail of a railroad
crossing; or
(ii) At any place where official signs prohibit parking.
(2) Parking or standing shall be permitted in the
manner provided by law at all other places except a
time limit may be imposed or parking restricted at other
places but such limitation and restriction shall be by
city ordinance or county resolution or order of the state
highway commission upon highways under their respective jurisdictions.
(3) No person shall move a vehicle not lawfully under
his control into any such prohibited area or away from
a curb such a distance as is unlawful.
(4) It shall be unlawful for any person to reserve or
attempt to reserve any portion of a highway for the
purpose of stopping, standing, or parking to the exclusion of any other like person, nor shall any person be
granted such right. [1975 c 62 § 35; 1965 ex.s. c 155 §
66.J
Severability-1975 c 62: See note following RCW 36.75.010.
46.61.57? Additional parking regulations. (1) Except
as otherwise provided in this section, every vehicle
stopped or parked upon a two-way roadway shall be so
stopped or parked with the right-hand wheels parallel
to and within twelve inches of the right-hand curb or as
close as practicable to the right edge of the right-hand
shoulder.
(2) Except when otherwise provided by local ordinance, every vehicle stopped or parked upon a one-way
roadway shall be so stopped or parked parallel to the
~urb or edge of the roadway, in the direction of authorized traffic movement, with its right-hand wheels within
twelve inches of the right-hand curb or as close as
prac~ica?le to the right edge of the right-hand shoulder,
or with its left-hand wheels within twelve inches of the
left-hand curb or as· close as practicable to the left edge
of the left-hand shoulder.
(3) Local authorities may by ordinance or resolution
per~it angle parking on any roadway, except that angle
parkm~ shall not be permitted on any federal-aid or
state h~ghway unless the state highway commission has
determn~ed by. resolution or order that the roadway is
of sufficient width to permit angle parking without interfering with the free movement of traffic.
(4) The state highway commission with respect to
highways under its jurisdiction may place official traffic
control devices prohibiting, limiting, or restricting the
stopping, standing, or parking of vehicles on any highway where in its opinion, as evidenced by resolution or
order, such stopping, standing, or parking is dangerous
to those using the highway or where the stopping,
standing, or parking of vehicles would unduly interfere
with the free movement of traffic thereon. No person
shall stop, stand, or park any vehicle in violation of the
restrictions indicated by such devices. [ 1975 c 62 § 36;
1965 ex.s. c 155 § 67.]
Severability-1975 c 62: See note following RCW 36.75.010.
46.61.580 Special parking privileges for certain disabled persons--Display of card or decal--Prohibited
areas. Any person who has lost both of his or her lower
extremities, or who has lost the normal or full use
thereof, or who is so severely disabled as to be unable
to move without the aid of crutches or a wheelchair,
shall be allowed to park a vehicle being used to transport such person for unlimited periods of time in parking zones or areas which are otherwise restricted as to
the length of time parking is permitted. This section
shall have no application to those zones or areas in
which the stopping, parking, or standing of all vehicles
is prohibited or which are reserved for special types of
vehicles. Such person shall not be permitted the foregoing privilege unless he obtains and displays a distinguishing card or decal as provided in RCW 46.16.380.
[1975 1st ex.s. c 297 § 2; 1961c128 § 2. Formerly RCW
46.48.340.J
46.61.585 Winter recreational parking areas-Special permit required. Except when necessary to avoid
conflict with other traffic, or in compliance with law or
the directions of a police officer or official traffic control
device, no person shall park a vehicle in an area designated by an official sign that it is a winter recreational
parking area unless such vehicle displays, in accordance
with regulations adopted by the parks and recreation
commission, a special winter recreational area parking
permit. [1975 1st ex.s. c 209 § 5.] _
Severability-1975 1st ex.s. c 209: See note following RCW
43.51.290.
Winter recreational parking areas: RCW 43.51.290-43.51.340.
46.61.587 Winter recreational parking areas-Penalty. Any violation of RCW 43.51.320 or 46.61.585
or any rule promulgated by the parks and recreation
commission to enforce the provisions thereof shall be a
misdemeanor. [1975 1st ex.s. c 209 § 6.]
Severability-1975 1st ex.s. c 209: See note following RCW
43.51.290.
MISCELLANEOUS RULES
46.61.606 Driving on sidewalk prohibited-Exception. No person shall drive any vehicle upon a
sidewalk or sidewalk area except upon a permanent or
duly authorized temporary driveway. [1975 c 62 § 45.]
[1975 RCW Supp--p 465)
46.61.606
Title 46:
Severability--1975 c 62: See note following RCW 36.75.010.
46.61.608 Operating motorcycles on roadways laned
for traffic. ( l) All motorcycles are entitled to full use of
a lane and no motor vehicle shall be driven in such a
manner as to deprive any motorcycle of the full use of a
lane. This subsection shall not apply to motorcycles operated two abreast in a single lane.
(2) The operator of a motorcycle shall not overtake
and pass in the same lane occupied by the vehicle being
overtaken.
(3) No person shall operate a motorcycle between
lanes of traffic or between adjacent lines or rows of
vehicles.
(4) Motorcycles shall not be operated more than two
abreast in a single lane.
(5) Subsections (2) and (3) of this section shall not
apply to police officers in the performance of their official duties. [1975 c 62 § 46.]
Severability--1975 c 62: See note following RCW 36.75.010.
46.61.610 Riding on motorcycles. A person operating
a motorcycle shall ride only upon the permanent and
regular seat attached thereto, and such operator shall
not carry any other person nor shall any other person
ride on a motorcycle unless such motorcycle is designed
to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if
designed for two persons, or upon another seat firmly
attached to the motorcycle at the rear or side of the
operator: Provided, however, That the motorcycle must
contain foot pegs, of a type approved by the equipment
commission, for each person such motorcycle is designed to carry. [1975 c 62 § 37; 1967 c 232 § 5; 1965
ex.s. c 155 § 70.]
Severability--1975 c 62: See note following RCW 36.75.010.
Equipment regulations for motorcycles: RCW 46.37.530, 46.37.535.
46.61.614 Riding on motorcycles--Clinging to other vehicles. No person riding upon a motorcycle shall
attach himself or the motorcycle to any other vehicle on
a roadway. [1975 c 62 § 47.]
Severability--1975 c 62: See note following RCW 36.75.010.
46.61.635 Following fire apparatus prohibited. The
driver of any vehicle other than one on official business
shall not follow any fire apparatus traveling in response
to a fire alarm closer than five hundred feet or stop such
vehicle within five hundred feet of any fire apparatus
stopped in answer to a fire alarm. [1975 c 62 § 38; 1965
ex.s. c 155 § 75.]
Severability--1975 c 62: See note following RCW 36.75.010.
OPERATION OF BICYCLES AND PLAY
VEHICLES
46.61.780 Lamps and other equipment on bicycles.
(I) Every bicycle when in use during the hours of darkness as defined in RCW 46.37.020 shall be equipped
with a lamp on the front which shall emit a white light
visible from a distance of at least five hundred feet to
(1975 RCW Supp--p 4661
Motor Vehicles
the front and with a red reflector on the rear of a type
approved by the state commission on equipment which
shall be visible from all distances from one hundred feet
to six hundred feet to the rear when directly,in front of
lawful lower beams of head lamps on a motor vehicle.
A lamp emitting a red light visible from a distance of
five hundred feet to the rear may be used in addition to
the red reflector.
(2) Every bicycle shall be equipped with a brake
which will enable the operator to make the braked
wheels skid on dry, level, clean pavement. [1975 c 62 §
39; 1965 ex.s. c 155 § 85.]
Severability--1975 c 62: See note following RCW 36.75.010.
Chapter 46.64
ENFORCEMENT
Sections
46.64.015
46.64.017
46.64.030
Citation and notice to appear in court--Issuance-Contents-Written promise--Arrest.
Arrest pursuant to investigation at scene of accident.
Procedure governing arrest and prosecution.
46.64.015 Citation and notice to appear in court-Issuance--Contents--Written promise--Arrest.
Whenever any person is arrested for any violation of
the traffic laws or regulations which is punishable as a
misdemeanor, the arresting officer may serve upon him
a traffic citation and notice to appear in court. Such citation and notice shall conform to the requirements of
RCW 46.64.010, and in addition, shall include spaces
for the name and address of the person arrested, the license number of the vehicle involved, the driver's license number of such person, if any, the offense
charged, the time and place where such person shall
appear in court, and a place where the person arrested
may sign. Such spaces shall be filled with the appropriate information by the arresting officer. The arrested
person, in order to secure release, and when permitted
by the arresting officer, must give his written promise to
appear in court as required by the citation and notice
by signing in the appropriate place the written citation
and notice served by the arresting officer. Upon the arrested person's failing or refusing to sign such written
promise, he may be taken into custody of such arresting
officer and so remain or be placed in confinement: Provided, That an officer shall not serve or issue any traffic
citation or notice for any offense or violation except either when said offense or violation is committed in his
presence or when the citation and notice may be issued
or served pursuant to RCW 46.64.017. [1975 c 56 § 1;
1967 c 32 § 70; 1961 c 12 § 46.64.015. Prior: 1951 c 175
§ I.]
46.64.017 Arrest pursuant to investigation at scene of
accident. A law enforcement officer investigating at the
scene of a motor vehicle accident may arrest the driver
of a motor vehicle involved in the accident if the officer
has probable cause to believe that the driver has committed in connection with the accident a violation of
the traffic laws or regulations. The detention arising
from any arrest under this section shall not be for a period of time longer than is reasonably necessary to issue
Disposition of Revenue
and serve a citation and notice, except that such time
limitation shall not apply under any of the following
circumstances:
(1) Where the law enforcement officer has probable
cause to believe that the arrested person had been driving the motor vehicle while under the influence of intoxicating liquor, controlled substance, or drugs in
violation of state law or any county, city, or town ordinance; or
(2) Where the arrested person refuses to sign a written promise to appear in court as required by the citation and notice provisions of RCW 46.64.015. [ 1975 c
56 § 3.)
46.64.030 Procedure governing arrest and prosecution. The provisions of this title with regard to the apprehension and arrest of persons violating this title shall
govern all police officers in making arrests without a
warrant for violations of this title for offenses either
committed in their presence or believed to have been
committed based on probable cause stemming from investigation at the scenes of motor vehicle accidents
pursuant to RCW 46.64.017, but the procedure prescribed herein shall not otherwise be exclusive of any
other method prescribed by law for the arrest and prosecution of a person for other like offenses. [1975 c 56 §
2; 1967 c 32 § 72; 1961 c 12 § 46.64.030. Prior: 1937 c
189 § 147; RRS § 6360--147.)
Chapter 46.68
DISPOSITION OF REVENUE
Sections
46.68.041
46.68. l IO
46.68.120
Disposition of drivers' license and instruction permit
fees-Support of driver education.
Distribution of amount allocated to cities and towns.
Distribution of amount allocated to counties.
46.68.041 Disposition of drivers' license and instruction permit fees--Support of driver education. (I) The
department shall forward all funds accruing under the
provisions of chapter 46.20 RCW together with a proper identifying, detailed report to the state treasurer who
shall deposit such moneys to the credit of the highway
safety fund except as otherwise provided in this section.
(2) One dollar of each fee collected for a temporary
instruction permit shall be deposited in the driver education account in the general fund.
(3) Out of each fee of *five dollars collected for a
driver's license, the sum of three dollars and ten cents
shall be deposited in the highway safety fund, and one
dollar and ninety cents shall be deposited in the general
fund. [1975 1st ex.s: c 293 § 20; 1971 ex.s. c 91 § 2; 1969
c 99 § 9; 1967 c 174 § 3; 1965 c 25 § 4.)
*Reviser's note: The driver's license fee was increased to six dollars
by§ 3, c 191, Laws of 1975 !st ex. sess. (RCW 46.20.161).
Severability--1975 1st ex.s. c 293: See RCW 43.88.902.
Effective date---1975 1st ex.s. c 293: See RCW 43.88.910.
46.68.110 Distribution of amount allocated to cities
and towns. Funds credited to the incorporated cities and
towns of the state as set forth in subdivision (1) of
46.68.120
RCW 46.68.100 shall be subject to deduction and distribution as follows:
(1) One and one-half percent of such sums shall be
deducted monthly as such sums are credited and set
aside for the use of the state highway commission for
the supervision of work and expenditures of such incorporated cities and towns on the city and town streets
thereof, including the supervision and administration of
federal-aid programs for which the highway commission has responsibility: Provided, That any moneys so
retained and not expended shall be credited in the succeeding biennium to the incorporated cities and towns
in proportion to deductions herein made;
(2) The balance remaining to the credit of incorporated cities and towns after such deduction shall be apportioned monthly as such funds accrue among the
several cities and towns within the state ratably on the
basis of the population last determined by the state
census board. [1975 lst ex.s. c 100 § I; 1961 ex.s. c 7 §
7; 1961c12 § 46.68.110. Prior: 1957 c 175 § 11; 1949 c
143 § l; 1943 c 83 § 2; 1941c232 § l; 1939 c 181 § 4;
Rem. Supp. 1949 § 6600-3a; 1937 c 208 §§ 2, part, 3,
part.]
Reviser's note: The state census board was abolished by 1967 ex.s. c
42 and its powers and duties transferred to the planning and community affairs agency. See chapter 43.63A RCW.
Expense of cost-audit examination of city and town street records
payable from funds withheld under RCW 46.68.l 10(1): RCW
35.76.050.
46.68.120 Distribution of amount allocated to counties. Funds to be paid to the counties of the state shall
be subject to deduction and distribution as follows:
(1) One and one-half percent of such sums shall be
deducted monthly as such sums accrue and set aside for
the use of the state highway commission and the county
road administration board for the supervision of work
and expenditures of such counties on the county roads
thereof including the supervision and administration of
federal-aid programs for which the highway commission has responsibility: Provided, That any moneys so
retained and not expended shall be credited in the succeeding biennium to the counties in proportion to deductions herein made;
(2) All sums required to be repaid to counties composed entirely of islands shall be deducted;
(3) The balance remaining to the credit of counties
after such deductions shall be paid to the several counties monthly, as such funds accrue, upon the basis of
the following formula:
(a) Ten percent of such sum shall be divided equally
among the several counties.
(b) Thirty percent shall be paid to each county in direct proportion that the sum of the total number of private automobiles and trucks licensed by registered
owners residing in unincorporated areas and seven percent of the number of private automobiles and trucks
licensed by registered owners residing in incorporated
areas within each county bears to the total of such sums
for all counties. The number of registered vehicles so
used shall be as certified by the director of the department of motor vehicles for the year next preceding the
(1975 RCW Supp--p 4671
46.68.120
Title 46:
Motor Vehicles
date of calculation of the allocation amounts. The director of the department shall first supply such information not later than the fifteenth day of February,
1956, and on the fifteenth of February each two years
thereafter.
(c) Thirty percent shall be paid to each county in direct proportion that the product of the county's trunk
highway mileage and its prorated estimated annual cost
per trunk mile as provided in subsection (e) is to the
sum of such products for all counties. County trunk
highways are defined as county roads regularly used by
school buses and/or rural free delivery mail carriers of
the United States post office department, but not foot
carriers. Determination of the number of miles of
county roads used in each county by school buses shall
be based solely upon information supplied by the superintendent of public instruction who shall on October
1, 1955 and on October 1st of each odd-numbered year
thereafter furnish the state highway commission with a
map of each county upon which is indicated the county
roads used by school buses at the close of the preceding
school year, together with a detailed statement showing
the total number of miles of county highway over which
school buses operated in each county during such year.
Determination of the number of miles of county roads
used in each county by rural mail carriers on routes
serviced by vehicles during the year shall be based
solely upon information supplied by the United States
postal department as of January !st of the even-numbered years.
(d) Thirty percent of such sum shall be paid to each
of the several counties in the direct proportion that the
product of the trunk highway mileage of the county and
its "money need factor" as defined in subsection (f) is
to the total of such products for all counties.
(e) Every four years, beginning with the 1958 allocation, the highway commission and the legislative transportation committee shall reexamine or cause to be
reexamined all the factors on which the estimated annual costs per trunk mile for the several counties have
been based and shall make such adjustments as may be
necessary. The following formula shall be used: One
twenty-fifth of the estimated total county road replacement cost, plus the total annual maintenance cost, divided by the total miles of county road in such county,
and multiplied by the result obtained from dividing the
total miles of county road in said county by the total
trunk road mileage in said county. For the purpose of
allocating funds from the motor vehicle fund, a county
road shall be defined as one established as such by resolution or order of establishment of the board of county
commissioners. The first allocation of funds shall be
based on the following prorated estimated annual costs
per trunk mile for the several counties as follows:
Adams ...
Asotin ............................. .
Benton ........................... .
Chelan
.......................... .
Clallam ............................ .
Clark . . . . . . . . . ................ .
Columbia....
. ...... .
11975 RCW Supp---p 468)
$1,227.00
1,629.00
1,644.00
2,224.00
2,059.00
1,710.00
1,391.00
Cowlitz . . . . . ..................... .
Douglas
...................... .
Ferry ............................. .
Franklin ........................... .
Garfield ........................... .
Grant ............................. .
Grays Harbor ................... .
Island ............................ .
Jefferson ......................... .
King ............................. .
Kitsap ........................... .
Kittitas ............................ .
Klickitat . . . . . . . . . . . . . . . . . . . ....... .
Lewis .............................. .
Lincoln ............................ .
Mason ............................ .
Okanogan ...................... .
Pacific ............................. .
Pend Oreille ........................ .
Pierce . . . . . ....................... .
San Juan ........................... .
Skagit ............................. .
Skamania .......................... .
Snohomish ......................... .
Spokane ........................... .
Stevens ............................ .
Thurston ........................... .
Wahkiakum ........................ .
Walla Walla ........................ .
Whatcom...........
. ........... .
Whitman ...................... .
Yakima ........................... .
1,696.00
1,603.00
1,333.00
1,612.00
1,223.00
1,714.00
2,430.00
1,153.00
2,453.00
2,843.00
1,938.00
1,565.00
1,376.00
1,758.00
1,038.00
1,748.00
1,260.00
2,607.00
1,753.00
2,276.00
1,295.00
1,966.00
2,023.00
2,269.00
1,482.00
1,068.00
1,870.00
2,123.00
1,729.00
1,738.00
1,454.00
1,584.00
Provided, however, That the prorated estimated annual
costs per trunk mile in this subsection shall be adjusted
every four years, beginning with the 1958 allocation by
the highway commission on the basis of changes in the
trunk and total county road mileage based on information supplied by the superintendent of public instruction, the United States postal department and the
annual reports of the county road departments.
(f) The "money need factor" for each of the several
counties shall be the difference between the prorated
estimated annual costs as listed above and the sum of
the following three amounts divided by the county
trunk highway mileage:
(l) The equivalent of a two dollar and twenty-five
cents per thousand dollars of assessed value tax levy on
the valuation, as equalized by the state department of
revenue for state purposes, of all taxable property in the
county road districts;
(2) One-fourth the sum of all funds received by the
county from the federal forest reserve fund during the
two calendar years next preceding the date of the adjustment of the allocation amounts as certified by the
state treasurer; and
(3) One-half the sum of motor vehicle license fees
and motor vehicle fuel tax refunded to the county during the two calendar years next preceding the date of
the adjustment of the allocation amounts as provided in
RCW 46.68.080. These shall be as supplied to the highway commission by the state treasurer for that purpose.
Washington Model Traffic Ordinance
The department of revenue and the state treasurer shall
supply the information herein requested on or before
January 1, 1956 and on said date each two years
thereafter.
The following formula shall be used for the purpose
of obtaining the "money need factor" of the several
counties: The prorated estimated annual cost per trunk
mile multiplied by the trunk miles will equal the total
need of the individual county. The total need minus the
sum of the three resources set forth in subsection (f)
shall equal the net need. The net need of the individual
county divided by the total net needs for all counties
shall equal the "money need factor" for that county.
(g) The state highway commission shall adjust the allocations of the several counties on March 1st of every
even-numbered year based solely upon the sources of
information hereinbefore required: Provided, That the
total allocation factor composed of the sum of the four
factors defined in subsections (a), (b), (c) and (d) shall
be held to a level not more than five percent above or
five percent below the total allocation factor in use
during the previous two year period.
(h) The highway commission and the legislative
transportation committee shall relog or cause to be relogged the total road mileages upon which the prorated
estimated annual costs per trunk mile are based and
shall recalculate such costs on the basis of such relogging and shall report their findings and recommendations to the legislature at its next regular session.
(i) The highway commission and the legislative transportation committee shall study and report their findings and r~commendations to the legislature concerning
the followmg problems as they affect the allocation of
"motor vehicle fund" funds to counties:
(I) Comparative costs per trunk mile based on federal
aid contracts versus those herein advocated.
(2) Average costs per trunk mile.
(3) The advisability of using either "trunk mileage'' or
"county road" mileage exclusively as the criterion instead of both as in this plan adopted.
(4) Reassessment of bridge costs based on current information and relogging of bridges.
(5) The items in the list of resources used in determining the "need factor".
(6) The development of a uniform accounting system
for counties with regard to road and bridge construction and maintenance costs.
(7) A redefinition of rural and urban vehicles which
better reflects the use of said vehicles on county roads.
[1975 1st ex.s. c 100 § 2; 1973 1st ex.s. c 195 § 47; 1972
ex.s. c 103 § I; 1967 c 32 § 75; 1965 ex.s. c 120 § 12;
1961 c 12 § 46.68.120. Prior: 1957 c 109 § I; 1955 c 243
§ l; 1949 c 143 § 2; 1945 c 260 § 1; 1943 c 83 § 3; 1939
c 181 § 5; Rem. Supp. 149 § 6600-2a.]
Severability--Effective dates and termination dates----Construction--1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Severability--1972 ex.s. c 103: See note following RCW
47.30.030.
County road administration board-Expenses to be paid from motor vehicle fund--Disbursement procedure: RCW 36. 78. l JO.
Chapter 46.90
Chapter 46.86
INTERSTATE COMMERCIAL VEHICLESSINGLE CAB CARDS
Sections
46.86.040
46.86.120
Single cab card in lieu of evidence of compliance with
proportional registration, utilities and transportation
commission identification card, and special weight
permit.
Requirements of other laws not altered except where
stated.
46.86.040 Single cab card in lieu of evidence of compliance with proportional registration, utilities and transportation commission identification card, and special
weight permit. The single cab card issued pursuant to
this chapter shall be in lieu of any separate evidence of
compliance with proportional registration issued pursuant to chapter 46.85 RCW, a utilities and transportation
commission identification card issued pursuant to chapter 81.80 RCW and a special weight permit issued pursuant to RCW 46.44.095. [1975 1st ex.s. c 42 § l; 1967
ex.s. c 94 § 5.]
46.86.120 Requirements of other laws not altered except where stated. Nothing in this chapter shall be construed to alter the requirements of chapter 81.80 RCW,
or the requirements of RCW 46.44.095, or the requirements of chapter 46.85 RCW except as stated in this
chapter. [1975 1st ex.s. c 42 § 2; 1967 ex.s. c 94 § 13.]
Chapter 46.90
WASHINGTON MODEL TRAFFIC ORDINANCE
Sections
46.90.005
46.90.010
46.90.100
46.90.103
46.90.106
46.90.109
46.90.112
46.90.115
46.90.118
46.90.121
46.90.124
46.90.127
46.90.130
46.90.133
46.90.136
46.90.139
46.90.142
46.90.145
46.90.148
46.90.151
46.90.154
46.90.157
46.90.160
46.90.163
46.90.166
46.90.169
46.90.172
46.90.175
46.90.178
46.90.181
46.90.184
46.90.187
46.90.190
46.90.200
46.90.205
46.90.210
Purpose of this chapter.
Amendments to this chapter automatically included.
Chapter 46.04 RCW (Definitions) adopted by reference.
Abandoned vehicle.
Automobile hulk.
Bus.
Bus stop.
City.
Demolish.
Department.
Garage keeper.
Holidays.
Hulk hauler.
Loading zone.
Official time standard.
Ordinance.
Parking meter.
Parking meter space.
Parking meter zone.
Passenger loading zone.
Planting strip.
Police or police officer.
Police chief or chief of police.
Police department.
Registered disposer.
School bus zone.
Service parking.
Street.
Taxicab.
Taxicab stand.
Tow truck operator.
Traffic division.
"U turn".
Certain RCW sections adopted by reference.
Public employees to obey traffic regulations.
Police administration.
(1975 RCW Supp--p 4691
Chapter 46.90
46.90.215
46.90.220
46.90.225
46.90.230
46.90.235
46.90.240
46.90.245
46.90.250
46.90.255
46.90.260
46.90.265
46.90.270
46.90.275
46.90.300
46.90.330
46.90.335
46.90.340
46.90.345
46.90.350
46.90.355
46.90.360
46.90.365
46.90.370
46.90.375
46.90.380
46.90.400
46.90.403
46.90.406
46.90.409
46.90.412
46.90.415
46.90.418
46.90.421
46.90.424
46.90.427
46.90.430
46.90.433
46.90.436
46.90.439
46.90.442
46.90.445
46.90.448
46.90.451
46.90.454
46.90.457
46.90.460
46.90.463
46.90.466
46.90.469
46.90.472
46.90.475
46.90.478
46.90.481
46.90.500
46.90.505
46.90.510
46.90.515
46.90.520
46.90.525
46.90.530
46.90.535
46.90.540
46.90.545
46.90.550
Title 46:
Duty of traffic division.
Authority of police and fire department officials.
Records of traffic violations.
Traffic division to investigate accidents.
Traffic accident studies.
Traffic accident reports.
Traffic division to submit annual traffic safety report.
Police department to administer bicycle licenses.
Police department to regulate parking meters.
Traffic engineer.
Traffic engineer--Authority.
Local authority--Authority.
Traffic safety commission--Powers and duties.
Certain RCW sections adopted by reference.
Authority to remove and impound vehicles on public
property--Procedure.
Owner of record presumed liable for costs when vehicle
abandoned--Exception.
Contract with registered disposer to dispose of vehicles
and hulks--Compliance required.
Stolen and abandoned vehicles--Reports of notice--Disposition.
Removal and storage of vehicle or hulk--Lien-Notices--Contents.
Sale of unclaimed vehicle or hulk--Procedure-Proceeds--Deficiency.
Vehicle left in garage for storage--When deemed
abandoned--N otices--Disposal.
Disposition of impounded vehicles--When vehicles
deemed abandoned--Procedure.
Abatement and removal of automobile hulks on private
property--Con ten ts.
Disposition of abandoned junk motor vehicles.
Unlawful to abandon junked motor vehicle.
Provisions of chapter refer to vehicles upon highway--Exceptions.
Required obedience to traffic ordinance.
Certain RCW sections adopted by reference.
Traffic contro~ devices required--Stopping, standing,
and parking.
Crossing new pavement and markings.
Certain RCW sections adopted by reference.
Prohibited crossing.
Certain RCW sections adopted by reference.
"U" turn restrictions.
Certain RCW sections adopted by reference.
Obedience to angle-parking signs or markings.
Parking not to obstruct traffic.
Parking for certain purposes unlawful.
Standing in passenger loading zone.
Standing in loading zone.
Standing in a tow-away zone.
Violating permits for loading or unloading at an angle
to the curb.
Standing or parking on one-way roadways.
Stopping, standing, and parking of buses and taxicabs
regulated.
Restricted use of bus stops and taxicab stands.
Right of way for parking.
Certain RCW sections adopted by reference.
Funeral processions.
When permits required for parades and processions.
Interfering with processions.
Boarding or alighting from vehicles.
Unlawful riding.
Certain RCW sections adopted by reference.
Bicycle license required.
Bicycle license application.
Issuance of bicycle license.
Attachment of bicycle license plate or decal.
Inspection of bicycles.
Renewal of bicycle license.
Transfer of ownership.
Rental agencies.
Bicycle dealers.
Bicycles--Obedience to traffic control devices.
Bicycles--Parking.
(1975 RCW Supp--p 470)
Motor Vehicles
46.90.555
46.90.560
46.90.565
46.90.600
46.90.610
46.90.620
46.90.630
46.90.640
46.90.650
46.90.660
46.90.700
46.90.710
46.90.720
46.90.730
46.90.740
46.90.900
46.90.910
46.90.920
46.90.930
46.90.940
46.90.950
Bicycles--Riding on sidewalks.
Bicycles--Penalties.
Unclaimed bicycles.
Parking meter spaces.
Parking meters--Deposit of coins and time limits.
Parking meters--Use of slugs prohibited.
Tampering with parking meter.
Parking meters--Rule of evidence.
Parking meters--Application of proceeds.
Service parking.
Certain RCW sections adopted by reference.
Penalties.
Citation on illegally parked vehicle.
Failure to comply with traffic citation attached to
parked ·vehicle.
Presumption in reference to illegal parking.
Certain RCW sections adopted by reference.
Uniformity of interpretation.
Short title.
Chapter not retroactive.
Severability--1975 1st ex.s. c 54.
Effect of headings.
46.90.005 Purpose of this chapter. The purpose of
this chapter is to encourage highway safety and uniform
traffic laws by providing a comprehensive compilation
of sound, uniform traffic laws to serve as a guide which
local authorities may adopt by reference or any part
thereof, including all future amendments or additions
thereto. Any local authority which adopts this chapter
by reference may at any time exclude any section or
sections from this chapter which it does not desire to
include in its local traffic ordinance. This chapter is not
intended to deny any local authority its legislative power, but rather to enhance safe and efficient movement of
traffic throughout the state by having current, uniform
traffic laws available. [1975 1st ex.s. c 54 § I.]
46.90.010 Amendments to this chapter automatically
included. The addition of any new section to, or
amendment or repeal of any section in, this chapter by
the legislature shall be deemed to amend any city, town,
or county, ordinance which pas adopted by reference
this chapter or any part thereof, and it shall not be
necessary for the legislative authority of any city, town,
or county to take any action with respect to such addition, amendment, or repeal notwithstanding the provisions of RCW 35.21.180, 35A.12.140, 35A.13.180, and
36.32.120(7). [1975 lst ex.s. c 54 § 2.]
46.90.100 Chapter 46.04 RCW (Definitions) adopted
by reference. All sections of chapter 46.04 RCW as now
or hereafter amended are hereby adopted by reference
as a part of this chapter in all respects as though such
sections were set forth herein in full. [ 1975 l st ex.s. c 54
§ 3.]
46.90.103 Abandoned vehicle. "Abandoned vehicle"
means any vehicle or automobile hulk left within the
right of way of any highway or on the property of another wit~out the consent of the owner of such property
for a penod of twenty-four hours, or longer: Provided,
That a vehicle or hulk shall not be considered abandoned if it is lawfully par~ed for a period not exceeding
seventy-two hours: Provided further, That a vehicle or
hulk shall not be considered abandoned if its owner or
operator is unable to remove it from the place where it
Washington Model Traffic Ordinance
46.90.157
is located and so notifies law enforcement officials and
requests assistance. [1975 lst ex.s. c 54 § 4.]
than a licensed scrap processor or licensed wrecker.
[1975 1st ex.s. c 54 § 13.]
46.90.106 Automobile hulk. "Automobile hulk"
means any portion or portions of a motor vehicle which
is inoperative and cannot be made mechanically operative without additional vital parts and a substantial
amount of labor. [ 1975 I st ex.s. c 54 § 5.]
46.90.133 Loading zone. "Loading zone" means a
space reserved for the exclusive use of vehicles during
the loading or unloading of property or passengers.
[1975 1st ex.s. c 54 § 14.]
46.90.109 Bus. "Bus" means every motor vehicle
designed for carrying more than ten passengers and
used for transportation of persons, and every motor vehicle, other than a taxicab, designed and used for the
transportation of persons for compensation. [ 1975 l st
ex.s. c 54 § 6.]
46.90.112 Bus stop. "Bus stop'' means a fixed portion of the highway parallel and adjacent to the curb to
be reserved exclusively for buses for layover in operating schedules or while waiting for, loading, or unloading passengers: Provided, That such bus provides
regularly scheduled service within the jurisdiction of the
local authority. [1975 1st ex.s. c 54 § 7.]
46.90.115 City. "City" means every incorporated
city and town. [1975 1st ex.s. c 54 § 8.]
46.90.118 Demolish. "Demolish" means to destroy
completely by use of a hydraulic baler and shears, or a
shredder. [1975 1st ex.s. c 54 § 9.]
46.90.121 Department. "Department" means the department of motor vehicles unless otherwise specified in
this chapter. [1975 1st ex.s. c 54 § 10.]
46.90.124 Garage keeper. "Garage keeper" means a
person, firm, partnership, association, or corporation
whose business it is to store vehicles for compensation.
[197 5 I st ex.s. c 54 § 11.]
46.90.127 Holidays. "Holidays'' include the first day
of January, commonly called New Year's Day; 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 fourth Thursday in November, to be known as Thanksgiving Day;
the twenty-fifth day of December, commonly called
Christmas Day; an~ any other day specified by ordinance by the local authority to be a holiday.
Whenever any holiday falls upon a Sunday, the following Monday shall be a holiday. [1975 1st ex.s. c 54 §
12.]
46.90.130 Hulk hauler. "Hulk hauler" means any
person who deals in vehicles for the sole purpose of
transporting and/ or selling them to a licensed motor
vehicle wrecker or scrap processor in substantially the
same form in which they are obtained and who may not
sell second-hand motor vehicle parts to anyone other
46.90.136 Official time standard. "Official time
standard" means, whenever certain hours are named,
standard time or daylight saving time as may be in current use within the jurisdiction of the local authority.
[1975 1st ex.s. c 54 § 15.]
46.90.139 Ordinance. "Ordinance" means a city or
town ordinance or a county ordinance or resolution.
[1975 1st ex.s. c 54 § 16.]
46.90.142 Parking meter. "Parking meter" means
any mechanical device or meter placed or erected adjacent to a parking meter space, for the purpose of regulating or controlling the period of time of occupancy of
such parking meter space by any vehicle. Each parking
meter installed shall indicate by proper legend the legal
parking time and when operated shall at all times indicate the balance of legal parking time, and at the expiration of such period shall indicate illegal or overtime
parking. Each meter shall bear a legend indicating the
days and hours when the requirement to deposit coins
therein shall apply, the value of the coins to be deposited, and the limited period of time for which parking is
lawfully permitted in the parking meter space in which
such meter is located. [1975 1st ex.s. c 54 § 17.]
46.90.145 Parking meter space. "Parking meter
space'' means any space within a parking meter zone,
adjacent to a parking meter and which is duly designated for the parking of a single vehicle by appropriate
markings on the pavement and/or the curb. [1975 1st
ex.s. c 54 § 18.]
46.90.148 Parking meter zone. "Parking meter zone"
means any highway or part thereof or any off-street
parking lot on which parking meters are installed and in
operation. [1975 lst ex.s. c 54 § 19.]
46.90.151 Passenger loading zone. "Passenger loading zone'' means a place reserved for the exclusive use
of vehicles while receiving or discharging passengers.
[1975 1st ex.s. c 54 § 20.]
46.90.154 Planting strip. "Planting strip'' means that
portion of a highway lying between the constructed
curb, or edge of the roadway, and the property line exclusive of the sidewalk area. [1975 1st ex.s. c 54 § 21.]
46.90.157 Police or police officer. "Police or police
officer" includes the police officers of a city, a town
marshal, or the sheriff and his deputies of a county
whichever is applicable, but when the term sheriff is
used in this chapter, it shall only mean the sheriff. [ 1975
lst ex.s. c 54 § 22.]
[1975 RCW Supp--p 4711
46.90.160
Title 46:
46.90.160 Police chief or chief of police. "Police chief
or chief of police" includes the police chief or chief police officer of a city, a town marshal, or the sheriff of a
county. whichever is applicable, but when the term
sheriff is used in this chapter, it shall only mean the
sheriff. [1975 1st ex.s. c 54 § 23.]
46.90.163 Police department. "Police department"
includes the police department of a city or town or the
sheriff's office of a county whichever is applicable, but
when the term sheriff is used in this chapter, it shall
only mean the sheriff. [1975 1st ex.s. c 54 § 24.]
46.90.166 Registered disposer. "Registered disposer"
means any tow truck operator or garage keeper properly registered pursuant to RCW 46.52.108, who has and
who displays at all times in a place conspicuous to the
public a valid certificate of registration evidencing his
authorization from the department to dispose of abandoned vehicles. [1975 1st ex.s. c 54 § 25.]
46.90.169 School bus zone. "School bus zone"
means a designated portion of the highway along the
curb reserved for loading and unloading school buses
during designated hours. [1975 1st ex.s. c 54 § 26.]
46.90.172 Service parking. "Service parking'' means
the use of a parking meter space while rendering service
in cleaning, painting, adjusting, or making minor repairs or replacements in or to buildings or building
equipment or to public utilities. [1975 1st ex.s. c 54 §
27.]
46.90.175 Street. "Street" means a "city street".
[1975 lst ex.s. c 54 § 28.]
46.90.178 Taxicab. "Taxicab'' means a motor vehicle for hire used for the transportation of persons for
compensation, and not operated exclusively over a fixed
route or between fixed termini. [ 1975 lst ex.s. c 54 § 29.]
46.90.181 Taxicab stand. "Taxicab stand" means a
fixed portion of a highway set aside for taxicabs to
stand or wait for passengers. [1975 1st ex.s. c 54 § 30.]
46.90.184 Tow truck operator. "Tow truck operator"
means a person, firm, partnership, association, or corporation which, in its course of business, provides towing services for vehicles and automobile hulks. [ 1975 I st
ex.s. c 54 § 31.]
46.90.187 Traffic division. "Traffic division" means
the traffic division of the police department of the local
authority, or in the event a traffic division is not established, then said term whenever used in this chapter
shall be deemed to refer to the police department of the
local authority. [1975 1st ex.s. c 54 § 32.]
46.90.190 "U turn''. "U turn" means turning a vehicle so as to proceed in the opposite direction on the
same roadway. [1975 1st ex.s. c 54 § 33.]
11975 RCW Supp--p 4721
Motor Vehicles
46.90.200 Certain RCW sections adopted by reference. The following sections of the Revised Code of
Washington as now or hereafter amended are hereby
adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in
full: RCW 16.24.065, 16.24.070, 46.08.030, and 46.08.060. [1975 lst ex.s. c 54 § 34.]
46.90.205 Public employees to obey traffic regulations. The provisions of this chapter shall apply to the
drivers of all vehicles owned or operated by the United
States, the state, or any county, city, town, district, or
any other political subdivision of the state, subject to
such specific exceptions as are set forth in this chapter.
[1975 1st ex.s. c 54 § 35.]
46.90.210 Police administration. There is established
in the police department of the local authority a traffic
division to be under the control of a police officer appointed by, and directly responsible to, the chief of police. [1975 1st ex.s. c 54 § 36.]
46.90.215 Duty of traffic division. It shall be the duty
of the traffic division with such aid as may be rendered
by other members of the police department to enforce
the traffic regulations of the local authority, to make
arrests for traffic violations, to investigate accidents and
to cooperate with the traffic engineer and other officers
of the local authority in the administration of the traffic
laws and in developing ways and means to improve
traffic conditions, and to carry out those duties specially
imposed upon the said division by this chapter and the
traffic ordinances of the local authority. [1975 1st ex.s. c
54 § 37.]
46.90.220 Authority of police and fire department officials. (I) Officers of the police department or such officers as are assigned by the chief of police are
authorized to direct all traffic by voice, hand, or signal
in conformance with law: Provided, That in the event
of a fire or other emergency or to expedite traffic or to
safeguard pedestrians, officers of the police department
may direct traffic as conditions may require notwithstanding the provisions of law.
(2) Officers of the fire department, when at the scene
of a fire, may direct or assist the police in directing
traffic thereat or in the immediate vicinity. [1975 1st
ex.s. c 54 § 38.]
46.90.225 Records of traffic violations. (I) The police
department or the traffic division thereof shall keep a
record of all violations of the traffic ordinances of the
local authority or of the state motor vehicle laws of
which any person has been charged, with the exception
of illegal parking or standing violations, together with a
record of the final disposition of all such alleged offenses. Such records shall be so maintained as to show all
types of violations and the total of each. Such records
shall accumulate during at least a five year period, and
from that time on the records shall be maintained complete for at least the most recent five year period.
Washington Model Traffic Ordinance
(2) All forms for records of violations and notices of
violations shall be serially numbered. For each month
and year a written record of all such forms shall be
kept.
(3) Records and reports concerning a person shall be
available upon request only to that particular person
requesting such record or report concerning himself. or
the legal guardian thereof, the parent of a minor, or any
authorized representative of such interested party, or
the attorney or insurer thereof. [ 197 5 1st ex.s. c 54 § 39.]
46.90.230 Traffic division to investigate accidents. It
shall be the duty of the traffic division, assisted by other
members of the police department, to investigate traffic
accidents, to arrest, and to assist in the prosecution of
those persons charged with violations of law causing or
contributing to such accidents. [1975 1st ex.s. c 54 § 40.]
46.90.235 Traffic accident studies. Whenever the accidents at any particular location become numerous,
the traffic division shall cooperate with the traffic engineer in conducting studies of such accidents and in determining remedial measures. [1975 1st ex.s. c 54 § 41.]
46.90.240 Traffic accident reports. The traffic division shall maintain a suitable system of filing traffic accident reports. Accident reports or cards referring to
them shall be filed alphabetically by location. Such reports shall be available for the use and the information
of the traffic engineer. [1975 1st ex.s. c 54 § 42.]
46.90.245 Traffic division to submit annual traffic
safety report. The traffic division shall annually prepare
a traffic report which shall be filed with the appointing
authority of the local authority. Such report shall contain information on traffic matters in the local authority
as follows:
(1) The number of traffic accidents, the number of
persons killed, the number of persons injured, and other
pertinent traffic accident data;
(2) The number of traffic accidents investigated and
other pertinent data on the safety activities of the
police;
(3) The plans and recommendations of the division
for future traffic safety activities. [1975 1st ex.s. c 54 §
43.]
46.90.250 Police department to administer bicycle licenses. The police department or some other office or
department designated by the local authority shall administer the bicycle license regulations required by this
chapter. [ 1975 1st ex.s. c 54 § 44.]
46.90.255 Police department to regulate parking meters. The police department shall be responsible for the
regulation, control, operation, and use of parking meters installed in all parking meter zones. [ 1975 1st ex.s. c
54 § 45.]
46.90.260 Traffic engineer. ( 1) The office of traffic
engineer is established: Provided, That if there is no
traffic engineer, then the engineer of the local authority
shall serve as traffic engineer in addition to his other
46.90.265
functions, and shall exercise the powers and duties with
respect to traffic as provided in this chapter: Provided
further, That if there is no engineer in the local authority, then the appointing authority shall designate a person to exercise such powers and duties.
(2) It shall be the general duty of the traffic engineer
to determine the installation and maintenance of traffic
control devices, to conduct engineering analysis of traffic accidents and to devise remedial measures, to conduct engineering investigations of traffic conditions, to
plan the operation of traffic on the highways of the local authority, to cooperate with other officials in the
development of ways and means to improve traffic conditions, and to carry out the additional powers and duties imposed by any ordinances of the local authority.
[1975 !st ex.s. c 54 § 46.]
46.90.265 Traffic engineer--Authority. The traffic
engineer is authorized:
(1) To place and maintain official traffic control devices when and as required under the traffic ordinances
or resolutions of the local authority to make effective
the provisions of said ordinances or resolutions, and
may place and maintain such additional official traffic
control devices as he may deem necessary to regulate,
warn, or guide traffic under the traffic ordinances or
resolutions of the local authority;
(2) To place and maintain official traffic control devices as he may deem necessary to regulate, warn, or
guide traffic for construction, detours, emergencies, and
special conditions;
(3) To designate and maintain, by appropriate devices, marks, or lines upon the surface of the roadway,
crosswalks at intersections where in his opinion there is
particular danger to pedestrians crossing the roadway,
and in such other places as he may deem necessary:
(4) To establish safety zones of such kind and character and at such places as he may deem necessary for
the protection of pedestrians;
(5) To mark traffic lanes upon the roadway of any
highway where a regular alignment of traffic is
necessary;
(6) To regulate the timing of traffic signals so as to
permit the movement of traffic in an orderly and safe
manner;
(7) To place official traffic control devices within or
adjacent to intersections indicating the course to be
traveled by vehicles turning at such intersections, in accordance with the provisions of this chapter, and such
course to be traveled as so indicated may conform to or
be other than as prescribed by law;
(8) To determine those intersections at which drivers
of vehicles shall not make a right, left, or U turn, and
shall place proper signs at such intersections. The making of such turns may be prohibited between certain
hours of any day and permitted at other hours, in which
event the same shall be plainly indicated on the signs or
they may be removed when such turns are permitted;
(9) To erect and maintain stop signs, yield signs, or
other official traffic control devices to designate arterial
highways or to designate intersections or other roadway
junctions at which vehicular traffic on one or more of
(1975 RCW Sup~p 473(
46.90.265
Title 46:
the roadways shall yield or stop and yield before entering the intersection or junction, except as provided in
RCW 46.61.195:
(I 0) To issue special permits to authorize the backing
of a vehicle to the curb for the purpose of loading or
unloading property subject to the terms and conditions
of such permit. Such permits may be issued either to the
owner or lessee of real property alongside the curb or to
the owner of the vehicle and shall grant to such person
the privilege as therein stated and authorized by this
section:
(I I) To erect signs indicating no parking upon both
sides of a highway when the width of the improved
roadway does not exceed twenty feet, or upon one side
of a highway as indicated by such signs when the width
of the improved roadway is between twenty and twenty-eight feet;
(12) To determine when standing or parking may be
per'mitted upon the left-hand side of any roadway when
the highway includes two or more separate roadways
and traffic is restricted to one direction upon any such
roadway and to erect signs giving notice thereof;
(13) To determine and designate by proper signs
places not exceeding one hundred feet in length in
which the stopping, standing, or parking of vehicles
would create an especially hazardous condition or
would cause unusual delay to traffic;
(14) To determine the location of loading zones, passenger loading zones, and tow-away zones and shall
place and maintain appropriate signs or curb markings
supplemented with the appropriate words stenciled on
the curb indicating the same and stating the hours during which the provisions of this chapter are applicable;
( 15) To establish bus stops, bus stands, taxicab
stands, and stands for other for hire vehicles on such
highways in such places and in such number as he shall
determine to be of the greatest benefit and convenience
to the public, and every such bus stop, bus stand, taxicab stand, or other stand shall be designated by appropriate signs or by curb markings supplemented with the
appropriate words stenciled on the curb;
(16) To erect and maintain official traffic control devices on any highway or part thereof to impose gross
weight limits on the basis of an engineering and traffic
investigation;
(l 7) To erect and maintain official traffic control devices on any highway or part thereof to prohibit the
operation of trucks exceeding ten thousand pounds
gross weight on the basis of an engineering and traffic
investigation: Provided, That such devices shall not
prohibit necessary local operation on such highways for
the purpose of making a pickup or delivery;
(18) To erect and maintain official traffic control devices on any highway or part thereof to impose vehicle
size restrictions on the basis of an engineering and traffic investigation;
(19) To determine and designate those heavily traveled highways upon which shall be prohibited any class
or kind of traffic which is found to be incompatible
with the normal and safe movement of traffic on the
basis of an engineering and traffic investigation and
(1975 RCW Supp--p 474)
Motor Vehicles
shall erect appropriate official traffic control devices
giving notice thereof;
(20) To install parking meters in the established
parking meter zones upon the curb adjacent to each
designated parking space;
(21) To designate the parking space adjacent to each
parking meter for which such meter is to be used by
appropriate markings upon the curb and/or the pavement of the highway;
(22) To post appropriate signs making it unlawful for
pedestrians to cross highways in certain crosswalks
when such crossing would endanger either pedestrian or
vehicular traffic using the highway;
(23) To test new or proposed traffic control devices
under actual conditions of traffic. [1975 1st ex.s. c 54 §
47.]
46.90.270 Local authority--Authority: After an
engineering and traffic investigation by the traffic engineer, the local authority may by resolution:
(I) Decrease maximum speed limits pursuant to
RCW 46.61.415;
(2) Increase maximum speed limits pursuant to RCW
46.61.415;
(3) Determine and declare the maximum speed limits
on arterial highways pursuant to RCW 46.61.415;
(4) Determine and declare upon what highways angle
parking shall be permitted pursuant to RCW
46.61.575(3);
(5) Prohibit, regulate, or limit, stopping, standing, or
parking of vehicles on any highway at all times or during such times as shall be indicated by official traffic
control devices;
(6) Determine and declare parking meter zones upon
those highways or parts thereof where the installation of
parking meters will be necessary to regulate parking;
(7) Close any highway or part thereof temporarily to
any or all traffic;
(8) Determine and declare one-way highways pursuant to RCW 46.61.135;
(9) Determine and declare arterial highways pursuant
to RCW 46.61.195 and 46.61.435. [1975 lst ex.s. c 54 §
48.]
46.90.275 Traffic safety commission--Powers and
duties. (1) There is established a traffic safety commission to serve without compensation, consisting of the
traffic engineer, the chief of police, or, in his discretion
as his representative, the chief of the traffic division or
other cognizant member of the police department, one
representative each from the engineer's office and the
attorney's office, and such number of other officers of
the local authority and representatives of unofficial
bodies as may be determined and appointed by the appointing authority of the local authority. The chairman
of the commission shall be appointed by such appointing authority and may be removed by such authority.
(2) It shall be the duty of the traffic safety commission, and to this end it shall have authority within the
limits of the funds at its disposal, to coordinate traffic
activities, to supervise the preparation and publication
of traffic reports, to receive complaints having to do
Washington Model Traffic Ordinance
with traffic matters, and to recommend to the legislative
body of the local authority and to the traffic engineer,
the chief of the traffic division, and other officials, ways
and means for improving traffic conditions and the administration and enforcement of traffic regulations.
[1975 !st ex.s. c 54 § 49.)
46.90.300 Certain RCW sections adopted by reference. The following sections of the Revised Code of
Washington as now or hereafter amended are hereby
adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in
full: RCW 46.12.070, 46.12.080, 46.12.090, 46.12.101,
46.12.260, 46.16.0 I0, 46.16.025, 46.16.030, 46.16.106, 46.16.135, 46.16.137, 46.16.138, 46.16.140, 46.16.145, 46.16.170, 46.16.180, 46.16.240, 46.16.260, 46.16.290,
46.16.380, 46.16.500, 46.16.505, 46.20.011, 46.20.021, 46.20.025, 46.20.027, 46.20.031, 46.20.041, 46.20.045, 46.20.190, 46.20.220, 46.20.308, 46.20.336, 46.20.342,
46.20.343, 46.20.344, 46.20.391, 46.20.410, 46.20.420, 46.20.430, 46.20.440, 46.20.500, 46.32.060, 46.32.070, 46.37 .0 l O, 46.37.020, 46.37.030, 46.37.040, 46.37.050,
46.37.060, 46.37.070, 46.37.080, 46.37.090, 46.37.100, 46.37.110, 46.37.120, 46.37.130, 46.37.140, 46.37.150, 46.37.160, 46.37.170, 46.37.180, 46.37.184, 46.37.185,
46.37.J86, 46.37.187, 46.37.188, 46.37.190, 46.37.200, 46.37.210, 46.37.220, 46.37.230, 46.37.240, 46.37.250, 46.37.260, 46.37.270, 46.37.280, 46.37.290, 46.37.300,
46.37.310, 46.37.340, 46.37.351, 46.37.360, 46.37.365, 46.37.370, 46.37.380, 46.37.390, 46.37.400, 46.37.410, 46.37.420, 46.37.425, 46.37.430, 46.37.440, 46.37.450,
46.37.460, 46.37.480, 46.37.490, 46.37.500, 46.37.510, 46.37.520, 46.37.530, 46.37.535, 46.37.540, 46.37.550, 46.37.560, 46.37.570, *46.37.580, 46.37.590, 46.37.600,
46.44.0 l 0, 46.44.020, 46.44.030, 46.44.034, 46.44.036, 46.44.037, 46.44.040, 46.44.042, 46.44.044, 46.44.045, 46.44.046, 46.44.047, 46.44.050, 46.44.060, 46.44.070,
46.44.090, 46.44.091, 46.44.092, 46.44.093, 46.44.095, 46.44.096, 46.44.097, 46.44.100, 46.44.120, 46.44.130, 46.44.140, 46.48.170, 46.52.0 I 0, 46.52.020, 46.52.030,
46.52.040, 46.52.070, 46.52.080, 46.52.090, 46.52.100, 46.52.119, 46.52.145, and 46.80.010. [1975 1st ex.s. c 54 §
50.)
*Reviser's note: RCW "46.37.580" was repealed by 1975 lst ex.s. c
24 § 2.
46.90.330 Authority to remove and impound vehicles
on public property--Procedure. (I) Members of the
police department are authorized to remove and impound vehicles by means of towing or otherwise to the
nearest garage or ~ther place of safety or to a garage
designated or maintained by the police department or
otherwise maintained by the local authority, under any
of the following circumstances:
(a) When any vehicle is left unattended upon any
bridge, viaduct, or causeway, or in any tunnel where
such vehicle constitutes an obstruction to traffic;
(b) When any vehicle upon a highway, including tunnels, bridges, or approaches, is so disabled as to constitute an obstruction to traffic or when the person or
persons in charge of the vehicle are incapacitated to
such an extent as to be unable to provide for its custody
46.90.330
or removal and there is no other person present who
may properly act as agent for such operator in the care
of his vehicle;
(c) When any vehicle is left unattended upon a highway and is so parked illegally as to constitute a definite
hazard or obstruction to the normal movement of
traffic;
(d) When any vehicle is found in a tow-away zone;
(e) When any vehicle operating on a highway is
found to be defective in equipment in such manner that
it may be considered unsafe;
(f) Wheri the operator of any vehicle is arrested and
placed in custody and is not in condition to drive and
the vehicle is not in a place of safety and there is no
other person present who may properly act as agent for
such operator to drive the vehicle to a place of safety.
(2) Members of the police department are authorized
to remove and impound any abandoned vehicle, or
abandoned junk motor vehicle found on a highway by
means of towing or otherwise to the nearest garage or
other place of safety or to a garage designated or maintained by the police department or otherwise maintained by the local authority .
(3) Whenever an officer removes and impounds a vehicle from a highway as authorized in subsection (1) of
this section, he shall as soon as practicable give or cause
personal notice to be given in writing to the owner of
such vehicle, if any record exists of the registered or legal owner in the records of the authority last licensing
such vehicle, of the fact of such removal and the reasons therefor and of the place to which such vehicle has
been removed. In the event any such vehicle is stored in
a public garage, a copy of such notice shall be given to
the proprietor of such garage.
(4) Whenever an officer removes and impounds a vehicle from a highway under subsection (1) of this section and does not know and is not able to ascertain the
name of the owner, or for any other reason is unable to
give the notice to the owner as hereinbefore provided,
and in the event the vehicle is not returned to the owner
within a period of three days, then and in that event,
the officer shall immediately send or cause to be sent
written report of such removal by mail to !he department and shall file a copy of such notice with the proprietor of any garage in which the vehicle may be
stored. Such notice shall include a complete description
of the vehicle, the date, time, and place from which removed, the reasons for such removal, and name of the
garage or place where the vehicle is stored.
(5) Any costs incurred in the removal and storage of
an impounded vehicle shall be a lien upon the vehicle.
All towing and storage charges on each vehicle impounded shall be paid by the owner or his agent if the
vehicle is redeemed. In the case of abandoned vehicles,
all costs of removal and storage shall be paid by the
owner or his agent if the vehicle is redeemed, but if not
redeemed, such costs shall be received from the proceeds of sale.
(6) The impounding of a vehicle shall not preclude
charging the violator with any violation of the law on
account of which such vehicle was impounded.
[1975 RCW Supp--p 475!
46.90.330
Title 46:
(7) Either a registered or legal owner may claim an
impounded vehicle by payment of all charges that have
accrued to the time of reclamation. If the vehicle was
impounded at the direction of a law enforcement agency. the person in possession of the vehicle prior to the
time of reclamation shall notify such agency of the fact
that the vehicle has been claimed, and by whom. [ 197 5
!st ex.s. c 54 § 51.]
46.90.335 Owner of record presumed liable for costs
when vehicle abandoned--Exception. (1) The abandonment of any vehicle or automobile hulk shall constitute a prima facie presumption that the last owner of
record is responsible for such abandonment and thus
liable for any costs incurred in removing, storing, and
disposing of any abandoned vehicle.
(2) A registered owner transferring a vehicle shall be
relieved from personal liability under this section and
under RCW 46.90.350, 46.90.355, and 46.90.370 if within five days of the transfer he transmits to the department a seller's report of sale on a form prescribed by
the director. [1975 1st ex.s. c 54 § 52.]
46.90.340 Contract with registered disposer to dispose of vehicles and hulks--Compliance required. ( 1)
The local authority may contract with any tow truck
operator who is engaged in removing and storing of vehicles and who is registered as a registered disposer by
the department for the purpose of disposing of certain
automobile hulks, abandoned junk motor vehicles, and
abandoned vehicles.
(2) Any registered disposer under contract to the local authority for the removing and storing of vehicles or
pulks shall comply with the administrative regulations
relative to the handling and disposing of vehicles or
hulks as may be promulgated by the local authority or
the director. [1975 1st ex.s. c 54 § 53.]
46.90.345 Stolen and abandoned vehicles--Reports
of notice-Disposition. It shall be the duty of the
chief of police to report immediately to the chief of the
Washington state patrol all motor vehicles reported to
them as stolen or recovered, upon forms to be provided
by the chief of the Washington state patrol.
In the event that any motor vehicle reported as stolen
has been recovered, the person so reporting the same as
stolen shall be guilty of a misdemeanor unless he shall
report the recovery thereof to the chief of police to
whom such motor vehicle was reported as stolen.
It shall be the duty of the chief of police to report to
the chief of the Washington state patrol all vehicles or
automobile hulks found abandoned on a highway or at
any other place and the same shall, at the direction of a
law enforcement officer, be placed in the custody of a
registered disposer. [1975 1st ex.s. c 54 § 54.]
46.90.350 Removal and storage of vehicle or
hulk--Lien--Notices--Contents. (1) A registered
disposer taking custody of any abandoned vehicle shall
remove it to his established place of business where it
shall be stored, and such registered disposer shall have
a lien upon the abandoned vehicle but not upon any
(1975 RCW Supp---p 476)
Motor Vehicles
items of personal property therein or upon for services
provided in towing and storage of it. and shall also have
a claim against the last registered owner of the abandoned vehicle for services provided in towing and storage of it, not to exceed the sum of one hundred dollars.
(2) Within five days after receiving custody of such
abandoned vehicle the registered disposer shall submit
an abandoned vehicle report giving notice of his custody to the department and the chief of the Washington
state patrol. Any registered disposer failing to report
such fact within five days shall forfeit any claim for the
storage of the vehicle. Within five days after having received the name and address of the owner, he shall notify the registered and legal owner of his custody, and
shall send copies of such notice to the chief of the
Washington state patrol and to the department. The
notice of custody and sale to the registered and legal
owner shall be sent by the registered disposer to the last
known address of said owner appearing on the records
of the department, and such notice shall be sent to the
registered and legal owner by certified or registered
mail with a five-day return receipt requested. Such notice shall contain a description of the abandoned vehicle including its license number and/or serial number if
obtainable, and shall state the amount due the registered disposer for services in the towing and storage of
it and the time and place of public sale if the amount
remains unpaid.
(3) The department shall supply the last known
names and addresses of registered and legal owners of
abandoned vehicles appearing on the records of the department to registered disposers on request without
charge. [1975 1st ex.s. c 54 § 55.]
46.90.355 Sale of unclaimed vehicle or hulk-Procedure-Proceeds--Deficiency. (1) If, after the
expiration of fifteen days from the date of mailing of
the notice of custody and sale to the registered and legal owner, the abandoned vehicle remains unclaimed
and has not been listed as a stolen or recovered vehicle,
then the registered disposer having custody of the
abandoned vehicle shall conduct a sale of it at public
auction after having first published a notice of the date,
place, and time of the auction in a newspaper of general
circulation in the county in which the vehicle is located
not less than three days before the date of the auction.
(2) The abandoned vehicle shall be sold at the auction to the highest bidder. The proceeds of such sale,
after deducting the towing and storage charges due the
registered disposer including the cost of sale, which
shall be computed as in a public auction sale of personal property by the sheriff, shall be certified one-half
to the county treasurer of the county in which the vehicle is located to be credited to the county current expense fund, and one-half to the state treasurer to be
credited to the highway safety fund. If the amount bid
at the auction is insufficient to compensate the registered disposer for his towing and storage charges and
the cost of sale, such registered disposer shall be entitled to assert a claim for any deficiency, not to exceed
one hundred dollars less the amount bid at the auction,
46.90.370
Washington Model Traffic Ordinance
against the last registered owner of such abandoned
vehicle.
(3) After the public auction of any abandoned vehicle
the registered disposer shall give the successful bidder
an affidavit of sale stating that the sale was conducted
under the proper procedures and indicating the disposition of moneys derived from the sale and after such
successful bidder has submitted an application for a
certificate of title along with applicable fees, taxes, and
the affidavit of sale, the director of the department shall
issue a certificate of title showing ownership of the vehicle or automobile hulk in the name of the successful
bidder at such auction: Provided, That a licensed auto
wrecker or scrap processor may use such affidavit in
lieu of a certificate of title to report the acquisition for
wrecking or demolition. [ 1975 1st ex.s. c 54 § 56.]
46.90.360 Vehicle left in garage for storage-When
deemed abandoned--Notices--Disposal. In addition
to abandoned vehicles, abandoned junk motor vehicles,
and impounded vehicles meeting the requirements of
RCW 46.90.365, vehicles left in garage storage may be
deemed abandoned in the following manner:
( 1) A vehicle stored under a fixed contract of storage
may be deemed abandoned on the fifth day following
expiration of the contract;
(2) A vehicle stored under an open-ended contract of
storage may be deemed abandoned at any time by the
garage keeper.
All such abandoned vehicles shall be disposed of by a
registered disposer in accordance with the procedures
prescribed in RCW 46.90.350 and 46.90.355. Any registered disposer failing to report the fact of abandonment
to the department and the chief of the Washington state
patrol pursuant to RCW 46.90.350, shall forfeit any
claim for the storage of any such vehicle. [1975 1st ex.s.
c 54 § 57.]
46.90.365 Disposition of impounded vehicles-When vehicles deemed abandoned--Procedure. Any
vehicle impounded pursuant to RCW 46.90.330(1) or
46.52.119 and left unclaimed for a period of fifteen days
shall be deemed to be an abandoned vehicle. At the expiration of such fifteen day period such vehicle shall be
deemed to be in the custody of the sheriff of the county
where such vehicle is located and the sheriff of the
county shall deliver the vehicle to a registered disposer
who shall dispose of such vehicle in the manner provided in RCW 46.90.350 and 46.90.355: Provided, That if
such vehicle fulfills all of the requirements of RCW
46.52.145(1), it shall be disposed of as provided in RCW
46.90.375. [1975 1st ex.s. c 54 § 58.]
46.90.370 Abatement and removal of automobile
hulks on private property--Contents. (1) The storage
or retention of an automobile hulk on private property
is declared to constitute a public nuisance subject to removal and impoundment. The chief of police shall inspect and investigate complaints relative to automobile
hulks, or parts thereof on private property. Upon discovery of such nuisance, the police department shall
give notice in writing to the last registered owner of
record of the automobile hulk and also to the property
owner of record that a public hearing may be requested
before the governing body of the local authority, and
that if no hearing is requested within ten days, the automobile hulk will be removed. Costs of removal may
be assessed against the last registered owner of the automobile hulk if the identity of such owner can be determined, or the costs may be assessed against the
owner of the property on which the automobile hulk is
stored.
(2) If a request for a hearing is received, a notice giving the time, location and date of such hearing on the
question of removal and impoundment of the automobile hulk or part thereof as a public nuisance shall be
mailed, by certified or registered mail with a five-day
return receipt requested, to the owner of the land as
shown on the last equalized assessment roll and to the
last registered and legal owner of record of the automobile hulk unless the automobile hulk is in such condition that identification numbers are not available to
determine ownership.
(3) This section shall not apply to:
(a) An automobile hulk, or part thereof, which is
completely enclosed within a building in a lawful manner where it is not visible from the highway or other
public or private property; or
(b) An automobile hulk, or part thereof, which is
stored or parked in a lawful manner on private property
in connection with the business of a licensed dismantler
or licensed vehicle dealer, fenced according to the provisions of RCW 46.80.130.
(4) The owner of the land on which the automobile
hulk is located may appear in person at the hearing or
present a written statement in time for consideration at
the hearing, and deny responsibility for the presence of
the hulk on the land, with his reasons for such denial. If
it is determined at the hearing that the hulk was placed
on the land without the consent of the landowner and
that he has not subsequently acquiesced in its presence,
then the governing body shall not assess costs of administration or removal of the hulk against the property
upon which the hulk is located or otherwise attempt to
collect such cost from the property owner.
(5) After notice has been given of the intent of the
local authority to dispose of the automobile hulk and
after a hearing, if requested, has been held, the automobile hulk or part thereof, shall be removed, at the
request of a police officer, and disposed of to a licensed
motor vehicle wrecker or hulk hauler with notice to the
Washington state patrol and the department that the
automobile hulk has been wrecked.
(6) The local authority shall within thirty days after
removal of an automobile hulk from private property,
file for record with the county auditor to claim a lien
for the cost of removal, which shall be in substance in
accordance with the provision covering mechanics' liens
in chapter 60.04 RCW, and said lien shall be foreclosed
in the same manner as such liens. [ 1975 1st ex.s. c 54 §
59.]
(1975 RCW Sup~ 4771
47.90.375
Title 46:
Motor Vehicles
.,n .90.375 Disposition of abandoned junk motor vehicles. (I) Notwithstanding any other provision of law.
the chief of police on his own volition, or upon request
from a private person having the right to possession of
property upon which an abandoned junk motor vehicle
has been left, shall inspect and may authorize the disposal of an abandoned junk motor vehicle. The chief of
police shall record the make of such vehicle, the serial
number if available, and shall also detail the damaged
or missing equipment to substantiate a fair market value as scrap only. He shall prepare in duplicate for each
such abandoned junk motor vehicle an authorization to
dispose on a form provided by the director. He shall issue the original copy of such authorization to dispose to
any licensed hulk hauler, motor vehicle wrecker, or
scrap processor for the purpose of acquiring an abandoned junk motor vehicle: Provided, That such acquisition is for the purpose of ultimate transfer to and
demolition by a licensed scrap processor.
(2) Any moneys arising from the disposal of abandoned junk motor vehicles shall be deposited in the
county general fund. [1975 1st ex.s. c 54 § 60.)
46.90.380 Unlawful to abandon junked motor vehicle.
No person shall wilfully leave an abandoned junk motor vehicle on private property for more than seventytwo hours without the permission of the person having
the right to possession of the property, or upon or
within the right of way of any highway or other property open to the public for purposes of vehicular travel
or parking for forty-eight hours or longer without notification to the chief of police of the reasons for leaving
the motor vehicle in such a place. For the purposes of
'this section, the fact that a motor vehicle has been so
left without permission or notification is prima facie evidence of abandonment. Any person convicted of
abandoning a junk motor vehicle shall be assessed any
costs incurred by the county in disposing of such abandoned junk motor vehicle, less any moneys accruing to
the county from such disposal. [1975 1st ex.s. c 54 § 61.)
46.90.400 Provisions of chapter refer to vehicles upon
highway--Exceptions. The provisions of this chapter
relating to the operation of vehicles refer exclusively to
the operation of vehicles upon highways except:
( 1) Where a different place is specifically referred to
in a given section;
(2) The provisions of RCW 46.52.010, 46.52.020, 46.52.030, 46.52.070, 46.52.080, 46.52.090, and 46.61.500
through 46.61.515 shall apply upon highways and elsewhere throughout the jurisdiction of the local authority.
[1975 1st ex.s. c 54 § 62.)
46.90.403 Required obedience to traffic ordinance. It
is unlawful for any person to do any act forbidden or
fail to perform any act required by this chapter. [ 1975
1st ex.s. c 54 § 63.)
46.90.406 Certain RCW sections adopted by reference. The following sections of the Revised Code of
Washington as now or hereafter amended are hereby
11975 RCW Supp---p 478)
adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in
full: RCW 46.61.015, 46.61.020, 46.61.025. 46.61.030,
46.61.035, 46.61.050, 46.61.055, 46.61.060, 46.61.065, 46.61.070, 46.61.075, and 46.61.080. [ 1975 I st ex.s. c 54 §
64.)
46.90.409 Traffic control devices required--Stopping, standing, and parking. No prohibition, regulation,
or limitation relating to stopping, standing, or parking
imposed under this chapter or any ordinance of the local authority for which traffic control devices are required shall be effective unless official traffic control
devices are erected and in place at the time of any alleged offense. [1975 1st ex.s. c 54 § 65.)
46.90.412 Crossing new pavement and markings. No
person shall ride or drive any animal, bicycle, or vehicle, across any newly made pavement or freshly applied
markings on any highway when a sign, cone marker, or
other warning device is in place warning persons not to
drive across such pavement or marking. [ 1975 1sf ex.s. c
54 § 66.)
46.90.415 Certain RCW sections adopted by reference. The following sections of the Revised Code of
Washington as now or hereafter amended are hereby
adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in
full: RCW 46.61.085, 46.61.100, 46.61.105, 46.61.110,
46.61.115, 46.61.120, 46.61.125, 46.61.130, 46.61.135, 46.61.140, 46.61.145, 46.61.150, 46.61.155, 46.61.160, 46.61.180, 46.61.185, 46.61.190, 46.61.195, 46.61.200,
46.61.205, 46.61.210, 46.61.230, 46.61.235, and 46.61.240. [1975 1st ex.s. c 54 § 67.)
46.90.418 Prohibited crossing. No pedestrian shall
cross a roadway except an alley other than in a crosswalk in any business district. [1975 1st ex.s. c 54 § 68.)
46.90.421 Certain RCW sections adopted by reference. The following sections of the Revised Code of
Washington as now or hereafter amended are hereby
adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in
full: RCW 46.61.245, 46.61.250, 46.61.255, 46.61.260,
46.61.290, and 46.61.295. [1975 1st ex.s. c 54 § 69.)
46.90.424 "U" turn restrictions. It shall be unlawful
for a person operating a vehicle to make a U turn at
any point other than an intersection or highway end, or
to make such U turn on any highway in a business district or where prohibited from doing so by the posting
of official signs. [ 1975 1st ex.s. c 54 § 70.)
46.90.427 Certain RCW sections adopted by reference. The following sections of the Revised Code of
Washington as now or hereafter amended are hereby
adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in
full: RCW 46.61.300, 46.61.305, 46.61.310, 46.61.315,
Washington Model Traffic Ordinance
46.61.340, 46.61.345, 46.61.350, 46.61.355, 46.61.365, 46.61.370, 46.61.375, 46.61.385, 46.61.400, 46.61.415, 46.61.425, 46.61.427, 46.61.435, 46.61.440, 46.61.445,
46.61.450, 46.61.455, 46.61.460, 46.61.465, 46.61.475, 46.61.500, 46.61.506, *46.61.510, 46.61.515, 46.61.525, 46.61.530, 46.61.535, 46.61.560, 46.61.570, and 46.61.575.
[1975 1st ex.s. c 54 § 71.]
*Reviser's note: RCW "46.61.510" was repealed by 1975 I st ex.s. c
287 § 6.
46.90.430 Obedience to angle-parking signs or markings. Upon those highways which have been signed or
marked for angle-parking, no person shall park or
stand a vehicle other than at the angle to the curb or
edge of the roadway indicated by such signs or markings. [ 1975 1st ex.s. c 54 § 72.]
46.90.433 Parking not to obstruct traffic. ( 1) No person shall park a vehicle upon a highway in such a
manner or under such conditions as to leave available
less than ten feet of the width of the roadway for free
movement of vehicular traffic.
(2) No person shall stop, stand, or park a vehicle
within an alley in such position as to block the driveway entrance to any abutting property. [1975 1st ex.s. c
54 § 73.]
46.90.436 Parking for certain purposes unlawful. ( 1)
No person shall park any vehicle upon any highway for
the principal purpose of:
(a) Displaying advertising;
(b) Displaying such vehicle for sale;
(c) Selling merchandise from such vehicle, except
when authorized.
(2) No person shall park any vehicle upon any roadway for the principal purpose of washing, greasing, or
repairing such vehicle except repairs necessitated by an
emergency. [1975 1st ex.s. c 54 § 74.]
46.90.439 Standing in passenger loading zone. No
person shall stop, stand, or park a vehicle for any purpose or period of time other than for the expeditious
loading or unloading of passengers in any place marked
as a passenger loading zone during hours when the regulations applicable to the loading zone are effective,
and then only for a period not to exceed three minutes.
[1975 1st ex.s. c 54 § 75.]
46.90.442 Standing in loading zone. ( 1) No person
shall stop, stand, or park a vehicle for any purpose or
period of time other than for the expeditious unloading
and delivery or pickup and loading of property in any
place marked as a loading zone during hours when the
provisions applicable to such zone are in effect. In no
case shall the stop for loading and unloading of property exceed thirty minutes.
(2) The driver of a vehicle may stop temporarily at a
loading zone for the purpose of and while actually engaged in loading or unloading passengers when such
stopping does not interfere with any vehicle which is
waiting to enter or about to enter such zone to load or
unload property. [1975 1st ex.s. c 54 § 76.]
46.90.457
46.90.445 Standing in a tow-away zone. No person
shall stop, stand, or park a vehicle in a place marked as
a tow-away zone during hours when the provisions applicable to such zone are in effect. [ 1975 1st ex.s. c 54 §
77.]
46.90.448 Violating permits for loading or unloading
at an angle to the curb. It shall be unlawful for any permittee or other person to violate any of the special
terms or conditions of any permit issued by the traffic
engineer for the backing of a vehicle to the curb for the
purpose of loading or unloading property. [ 1975 I st
ex.s. c 54 § 78.]
46.90.451 Standing or parking on one-way roadways.
In the event a highway includes two or more separate
roadways, no person shall stand or park a vehicle upon
the left-hand side of such one-way roadway unless
signs are erected to permit such standing or parking.
[1975 1st ex.s. c 54 § 79.]
46.90.454 Stopping, standing, and parking of buses
and taxicabs regulated. (1) The operator of a bus shall
not stand or park such vehicle upon any highway at
any place other than a designated bus stop. This provision shall not prevent the operator of a bus from temporarily stopping in accordance with other stopping,
standing, or parking regulations at any place for the
purpose of and while actually engaged in the expeditious loading or unloading of passengers or their
baggage.
(2) The operator of a bus shall enter a bus stop or
passenger loading zone on a highway in such a manner
that the bus when stopped to load or unload passengers
or baggage shall be in a position with the right front
wheel of such vehicle not farther than eighteen inches
from the curb and the bus approximately parallel to the
curb so as not to unduly impede the movement of other
vehicular traffic.
(3) The operator of a taxicab shall not stand or park
such vehicle upon any highway at any place other than
in a designated taxicab stand. This provision shall not
prevent the operator of a taxicab from temporarily
stopping in accordance with other stopping, standing,
or parking regulations at any place for the purpose of
and while actually engaged in the expeditious loading
or unloading of passengers. [1975 1st ex.s. c 54 § 80.]
46.90.457 Restricted use of bus stops and taxicab
stands. No person shall stop, stand, or park a vehicle
other than a bus in a bus stop, or other than a taxicab
in a taxicab stand when any such stop or stand has
been officially designated and appropriately signed, except the driver of a passenger vehicle may temporarily
stop there for the purpose of or while actually engaged
in loading or unloading passengers when such stopping
does not interfere with any bus, or taxicab waiting to
enter or about to enter such stop or stand. [ 1975 1st
ex.s. c 54 § 81.]
(1975 RCW Supp---p 479)
46.90.460
Title 46:
46.90.460 Right of way for parking. The driver of
any vehicle who first begins driving or maneuvering his
vehicle into a vacant parking space shall have a prior
right of way to park in such place, and it shall be unlawful for another driver to attempt to deprive him
thereof by blocking his access or otherwise. For the
purpose of establishing right of way in this section it
shall be considered proper to back into any but a frontin angle parking space. [ 1975 1st ex.s. c 54 § 82.]
46.90.463 Certain RCW sections adopted by reference. The following sections of the Revised Code of
Washington as now or hereafter amended are hereby
adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in
full: RCW 46.61.580, 46.61.600, 46.61.605, 46.61.610,
46.61.611, 46.61.612, 46.61.615, 46.61.620, 46.61.625, 46.61.630, 46.61.635, 46.61.640, 46.61.645, 46.61.655, 46.61.660, 46.61.665, 46.61.670, 46.61.675, 46.61.680, and
46.61.685. [1975 1st ex.s. c 54 § 83.]
46.90.466 Funeral processions. ( 1) A funeral procession shall proceed to the place of interment by the most
direct route which is both legal and practicable.
(2) A funeral procession shall be accompanied by adequate escort vehicles for traffic control purposes as determined by the chief of police.
(3) All motor vehicles in a funeral procession shall be
identified by having their headlights turned on or by
such other method as may be determined and designated by the chief of police.
(4) All motor vehicles in a funeral procession shall be
operated as near to the right-hand edge of the roadway
as is practicable and shall follow the vehicle ahead as
close as is practicable and safe. [ 1975 I st ex.s. c 54 §
84.]
46.90.469 When permits required for parades and
processions. With the exception of funeral processions
and parades of the armed forces of the United States,
the military forces of this state, and the forces of the
police and fire departments, no processions or parades
shall be conducted on the highways within the jurisdiction of the local authority except in accordance with a
permit issued by the chief of police and such other regulations as are set forth in this chapter which may be
applicable. [1975 1st ex.s. c 54 § 85.]
46.90.472 Interfering with processions. (I) No person
shall unreasonably interfere with a procession.
(2) No person shall operate a vehicle that is not part
of a procession between the vehicles of the procession.
This provision shall not apply at intersections where
traffic is controlled by traffic control devices unless a
police officer is present at such intersections to direct
traffic so as to preserve the continuity of the procession.
[1975 1st ex.s. c 54 § 86.]
46.90.475 Boarding or alighting from vehicles. No
person shall board or alight from any vehicle while such
vehicle is in motion. [197 5 I st ex.s. c 54 § 87.]
(1975 RCW Supp---p 480)
Motor Vehicles
46.90.478 Unlawful riding. No person shall ride
upon any portion of a vehicle not designed or intended
for the use of passengers. This provision shall not apply
to an employee engaged in the necessary discharge of a
duty, or to persons riding within truck bodies in space
intended for merchandise. [1975 1st ex.s. c 54 § 88.]
46.90.481 Certain RCW sections adopted by reference. The following sections of the Revised Code of
Washington as now or hereafter amended are hereby
adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in
full: RCW 46.61.700, 46.61.750, 46.61.755, 46.61.760,
46.61.765, 46.61.770, 46.61.775, and 46.61.780. [1975 1st
ex.s. c 54 § 89.]
46.90.500 Bicycle license required. No person who
resides within the jurisdiction of the local authority
shall ride or propel a bicycle on any highway or upon
any public path set aside for the exclusive use of bicycles unless such bicycle has been licensed and a license
plate or decal is attached thereto as provided in RCW
46.90.500 through 46.90.540. [1975 1st ex.s. c 54 § 90.]
46.90.505 Bicycle license application. Application for
a bicycle license and license plate or decal shall be
made upon a form provided by and to the chief of police. An annual license fee as prescribed by the local
authority shall be paid to the local authority before
each license or renewal thereof is granted. Duplicate license plates or decals may be supplied for the same cost
as the original plate or decal in the event of loss of the
plate or decal. [1975 1st ex.s. c 54 § 91.]
46.90.510 Issuance of bicycle license. (1) The chief of
police upon receiving proper application therefor is authorized to issue a bicycle license which shall be effective for one calendar year.
(2) The chief of police shall not issue a license for any
bicycle when he knows or has reasonable grounds to
believe that the applicant is not the owner of, or entitled to the possession of, such bicycle.
(3) The chief of police shall keep a record of the
number of each license, the date issued, the name and
address of the person to whom issued, and a record of
all bicycle license fees collected by him. [1975 1st ex.s. c
54 § 92.]
46.90.515 Attachment of bicycle license plate or decal. (1) The chief of police, upon issuing a bicycle license, shall also issue a license plate or decal bearing
the license number assigned to the bicycle, and the
name of the local authority.
(2) Such license plate or decal shall be firmly attached to the rear mudguard or frame of the bicycle for
which issued in such position as to be plainly visible
from the rear.
(3) No person shall remove a license plate or decal
from a bicycle during the period for which issued except upon a transfer of ownership or in the event the
bicycle is dismantled and no longer operated upon any
Washington Model Traffic Ordinance
highway within the jurisdiction of the local authority.
[1975 1st ex.s. c 54 § 93.]
46.90.520 Inspection of bicycles. The chief of police,
or an officer assigned such responsibility, may inspect
each bicycle before licensing the same and may refuse a
license for any bicycle which he determines is in unsafe
mechanical condition. [1975 1st ex.s. c 54 § 94.]
46.90.525 Renewal of bicycle license. Upon the expiration of any bicycle license, the same may be renewed
upon application and payment of the same fee as upon
an original application. [1975 1st ex.s. c 54 § 95.]
46.90.530 Transfer of ownership. Upon the sale or
other transfer of a licensed bicycle, the licensee shall
remove the license plate or decal and shall either surrender the same to the chief of police or may upon
proper application, but without payment of additional
fee, have such plate or decal assigned to another bicycle
owned by the applicant. [1975 1st ex.s. c 54 § 96.]
46.90.535 Rental agencies. A rental agency shall not
rent or offer any bicycle for rent unless the bicycle is licensed and a license plate or decal is attached thereto
as provided herein and such bicycle is equipped with
the equipment required by RCW 46.61.780. [1975 1st
ex.s. c 54 § 97.]
46.90.540 Bicycle dealers. Every person engaged in
the business of buying or selling new or second-hand
bicycles shall make a report to the chief of police of every bicycle purchased or sold by such dealer, giving the
name and address of the person from whom purchased
or to whom sold, a description of such bicycle by name
or make, the frame number thereof, and number of license plate or decal, if any, found thereon. [1975 1st
ex.s. c 54 § 98.]
46.90.545 Bicycles--Obedience to traffic control
devices. (1) Any person operating a bicycle shall obey
the instructions of official traffic control devices applicable to vehicles, unless otherwise directed by a police
officer.
(2) Whenever authorized signs are erected indicating
that no right or left or U turn is permitted, no person
operating a bicycle shall disobey the directions of any
such sign, except where such person dismounts from the
bicycle at the right-hand curb or as close as is practicable to the right edge of the right-hand shoulder to
make any such turn, in which event such person shall
then obey the regulations applicable to pedestrians.
[1975 1st ex.s. c 54 § 99.]
46.90.550 Bicycles--Parking. No person shall
park a bicycle upon a highway other than:
(1) Off the roadway except in designated areas;
(2) Upon the sidewalk in a rack to support the
bicycle;
(3) Against a building; or
(4) In such manner as to afford the least obstruction
to pedestrian traffic. [1975 1st ex.s. c 54 § 100.]
46.90.610
46.90.555 Bicycles--Riding on sidewalks. ( 1) No
person shall ride a bicycle upon a sidewalk in a business district.
(2) A person may ride a bicycle on any other sidewalk or any roadway unless restricted or prohibited by
traffic control devices.
(3) Whenever any person is riding a bicycle upon a
sidewalk, such person shall yield the right of way to any
pedestrian. [1975 1st ex.s. c 54 § 101.]
46.90.560 Bicycles--Penalties. Every person convicted of a ·violation of any provision of RCW 46.90.500
through 46.90.540 shall be guilty of a misdemeanor.
[1975 1st ex.s. c 54 § 102.]
46.90.565 Unclaimed bicycles. All unclaimed bicycles in the custody of the police department shall be
disposed of as provided in chapter 63.32 RCW. [1975
1st ex.s. c 54 § 103.]
46.90.600 Parking meter spaces. No person shall
park a vehicle in any designated parking meter space
during the restricted or regulated time applicable to the
parking meter zone in which such meter is located so
that any part of such vehicle occupies more than one
such space or protrudes beyond the markings designating such space, except that a vehicle which is of a size
too large to be parked within a single designated parking meter space shall be permitted to occupy two adjoining parking meter spaces when coins shall have
been deposited in the parking meter for each space so
occupied as is required for the parking of other vehicles
in such spaces. [1975 1st ex.s. c 54 § 104.]
46.90.610 Parking meters--Deposit of coins and
time limits. ( 1) No person shall park a vehicle in any
parking meter space alongside of and next to which a
parking meter has been installed during the restricted
and regulated time applicable to the parking meter zone
in which such meter is located unless a United States
coin or coins of the appropriate denomination as indicated on the parking meter shall have been deposited
therein, or shall have been previously deposited therein
for an unexpired interval of time, and said meter has
been placed in operation.
(2) No person shall permit a vehicle within his control to be parked in any parking meter space during the
restricted and regulated time applicable to the parking
meter zone in which such meter is located while the
parking meter for such space indicates by signal that
the lawful parking time in such space has expired. This
provision shall not apply to the act of parking or the
necessary time which is required to deposit immediately
thereafter a coin or coins in such meter.
(3) No person shall park a vehicle in any parking
meter space for a consecutive period of time longer
than that limited period of time for which parking is
lawfully permitted in the parking meter zone in which
such meter is located, irrespective of the number or
amounts of the coins deposited in such meter.
(1975 RCW Supp--p 4811
46.90.610
Title 46:
(4) The provisions of this section shall not relieve any
person from the duty to observe other and more restrictive provisions of this chapter prohibiting or limiting the stopping, standing, or parking of vehicles in
specified places or at specified times. [1975 1st ex.s. c 54
§ 105.]
46.90.620 Parking meters--Use of slugs prohibited. No person shall deposit or attempt to deposit in
any parking meter any bent coin, slug, button, or any
other device or substance as substitutes for United
States coins. [1975 1st ex.s. c 54 § 106.]
46.90.630 Tampering with parking meter. No person
shall deface, injure, tamper with, open, or wilfully
break, destroy, or impair the usefulness of any parking
meter. [1975 !st ex.s. c 54 § 107.]
46.90.640 Parking meters--Rule of evidence. The
parking or standing of any motor vehicle in a parking
space, at which space the parking meter displays the
sign or signal indicating illegal parking, shall constitute
a prima facie presumption that the vehicle has been
parked or allowed to stand in such space for a period
longer than permitted by this chapter. [ 1975 1st ex.s. c
54 § 108.]
46.90.650 Parking meters--Application of proceeds. (1) The coins required to be deposited in parking
meters are levied and assessed as fees to cover the regulation and control of parking upon highways, the costs
of parking meters, their installation, inspection, supervision, operation, repair, and maintenance, control and
use of parking spaces, and regulating the parking of vehicles in parking meter zones; and the costs of acquiring, establishing, improving, maintaining, and operating
public off-street parking facilities.
(2) The coins deposited in parking meters shall be
collected by the duly authorized agents of the local authority and shall be deposited by them as directed by
the local authority.
(3) The local authority shall pay from the moneys
collected from parking meters the costs of any parking
meters purchased and installed as provided herein, and
expenses incurred for their installation, inspection, service, supervision, repair, and maintenance, for making
collections from such parking meters, and for the enforcement of provisions herein applicable to parking
meter zones. The net proceeds derived from the operation of parking meters after the payment of such costs
and expenses, may be used for parking studies and for
the acquisition, establishment, improvement, maintenance, and operation of public off-street parking facilities. [1975 1st ex.s. c 54 § 109.]
46.90.660 Service parking. The chief of police is authorized to issue a permit for service parking upon payment of the fee prescribed by the local authority and
upon the following conditions:
( 1) Application shall be made to the chief of police
on such forms as the chief of police shall prescribe. The
applicant shall set forth the applicant's business and the
f1975 RCW Supp--p 4821
Motor Vehicles
necessity for such permit. The chief of police shall investigate the facts as necessary.
(2) If it appears that a necessity exists, the chief of
police may authorize the issuance of such permit under
the conditions prescribed in this section.
(3) Upon issuance of the permit, the permittee shall
be issued a hood to use in covering any parking meter.
As many hoods may be issued upon payment of the
prescribed fee as the chief of police deems necessary or
convenient for the applicant. The hood shall be provided with a padlock, two keys, and an identification card
attached with a blank space thereon.
(4) Upon entering any parking meter space available,
the permittee shall place the hood over the parking meter and lock the same and shall indicate in such blank
space the exact place where the service work is being
rendered.
(5) The permittee shall not place the hood over any
meter when the space is occupied by another vehicle,
and shall before vacating the space at the conclusion of
the work remove the hood. The hood shall not be allowed to remain in place for over one hour when the
space is not occupied by an authorized vehicle, nor
shall it be allowed to remain in place after 6 p.m. on
any weekday or on any Sunday or holiday. It shall not
be used during hours when parking or stopping in the
parking meter space is prohibited. No vehicle licensed
as a passenger car shall be parked in the space covered
by the hooded parking meter.
(6) The chief of police may revoke any permit if the
service parking hood is used for any purpose other than
that authorized in this section or for any violation of
this chapter. Upon revocation, the hood shall immediately be returned to the police department and all fees
paid shall be forfeited. Police officers finding such hood
in use shall investigate the use being made thereof, and
if it is found in violation of this section shall report the
facts to the chief of police.
(7) Any permit issued under this section shall unless
revoked be valid for a period of one year.
(8) The permittee shall also pay a deposit in an
amount prescribed by the local authority at the time of
issuance of the hood, padlock, and keys, which shall remain the property of the local authority. In case a
hood, a padlock, or key becomes lost or destroyed or so
defaced that it is no longer usable, the permittee shall
forfeit such deposit. [1975 1st ex.s. c 54 § 110.]
46.90.700 Certain RCW sections adopted by reference. The following sections of the Revised Code of
Washington as now or hereafter amended are hereby
adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in
full: RCW 46.64.010, 46.64.015, 46.64.020, 46.64.025,
46.64.030, and 46.64.048. [1975 1st ex.s. c 54 § 111.]
46.90.710 Penalties. Unless another penalty is expressly provided by law, any person who is convicted of
violating or failing to comply with any of the provisions
of this chapter shall be punished by a fine of not more
than two hundred fifty dollars or by imprisonment for
47.04.010
General Provisions
not more than ninety days or by both such fine and
imprisonment. [1975 1st ex.s. c 54 § 112.]
46.90.720 Citation on illegally parked vehicle. Whenever any motor vehicle without driver is found parked,
standing, or stopped in violation of this chapter, the officer finding such vehicle shall take its registration
number and may take any other information displayed
on the vehicle which may identify its user, and shall
conspicuously affix to such vehicle a traffic citation.
[1975 !st ex.s. c 54 § 113.]
46.90.730 Failure to comply with traffic citation attached to parked vehicle. If a violator of any provision
of this chap~er on stopping, standing, or parking does
not appear in response to a traffic citation affixed to
such motor vehicle within a period of five days, the
clerk of the traffic court shall send to the owner of the
motor vehicle to which the traffic citation was affixed a
letter. informing him of the violation and warning him
that in the event such letter is disregarded for a period
of five days, a warrant of arrest will be issued. [1975 1st
ex.s. c 54 § 114.]
46.90.740 Presumption in reference to illegal parking.
(I) In an)'. prosecuti?n charging a violation of any law
?r regulat10n .governing the stopping, standing, or parking of a vehicle, proof that the particular vehicle describ.ed
t~e c.omplaint was stopping, standing, or
parking in violation of any such law or regulation, together with proof that the defendant named in the
complaint was at the time of such violation, the registered owner of such vehicle, shall constitute in evidence
a prima facie presumption that the registered owner of
such vehicle was the person who parked or placed such
vehicle at the point where, and for the time during
which, such violation occurred.
(2) The foregoing stated presumption shall apply only
when the procedure as prescribed in RCW 46.90.720
and 46.90.730 has been followed. [1975 1st ex.s. c 54 §
115.]
!n
46.90.900 Certain RCW sections adopted by reference. The following sections of the Revised Code of
Washington as now or hereafter amended are hereby
adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in
full: RCW 46.98.020, 46.98.030, 46.98.040, 47.36.060,
47.36.110, 47.36.180, 47.36.200, 47.36.220, 47.52.010, 47.52.011, 47.52.040, 47.52.110, 47.52.120, 70.84.020, 70.84.040, and 70.93.060. [1975 1st ex.s. c 54 § 116.]
46.90.910. Uniformity of interpretation. This chapter
shall be so interpreted and construed as to effectuate its
general purpose to make uniform the laws of those local
authorities which enact it. [1975 1st ex.s. c 54 § 117.]
46.9~.920 Short ,.title. This chapter may be known
and cited as the Washington Model Traffic Ordinance." [1975 1st ex.s. c 54 § 118.]
46.90.930 Chapter not retroactive. This chapter shall
not have a retroactive effect and shall not apply to any
traffic accident, to any cause of action arising out of a
traffic accident or judgment arising therefrom, or to any
violation of a traffic ordinance of the local authority,
occurring prior to the effective date of this chapter.
[1975 1st ex.s. c 54 § 119.]
46.90.940 Severability--1975 1st ex.s. c 54. 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 54 § 120.]
46.90.950 Effect of headings. Section headings contained in this chapter shall not be deemed to govern,
limit, modify, or in any manner affect the scope, meaning, or extent of the provisions of any section hereof.
[1975 1st ex.s. c 54 § 121.]
Title 47
PUBLIC HIGHWAYS
Chapters
47.04 General provisions.
47.05 Priority programming for highway development.
47.12 Acquisition and disposition of state highway
property.
47.17 State highway routes.
47.20 Miscellaneous projects. (Formerly: Secondary
highway routes--Miscellaneous projects.)
47.26 Development in urban areas--Urban arterials.
47.36 Traffic control devices.
47.39 Scenic and recreational highway act of 1967.
47.42 Highway advertising control act--Scenic vistas act.
47.44 Franchises on state highways.
47.56 State toll bridges, tunnels and ferries.
47.64 Marine employees--Public employment relations. (Formerly: Marine employee
commission.)
Chapter 47.04
GENERAL PROVISIONS
Sections
47.04.010
Definitions .
47.04.010 Definitions. The following words and
phrases, wherever used in this title, shall have the
meaning as in this section ascribed to them, unless
where used the context thereof shall clearly indicate to
the contrary or unless otherwise defined in the chapter
of which they are a part:
(1) "Alley." ~ highway within the ordinary meaning
of alley not designated for general travel and primarily
used as a means of access to the rear of residences and
business establishments;
(1975 RCW Supp--p 4831
Title 47:
~7.04.010
Public Highways
(2) "Arterial highway." faery highway. as herein defined. or portion thereof designated as such by proper
authoritY:
(3) "Business district." The territory contiguous to
and including a highway, as herein defined, when within any six hundred feet along such highway there are
buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings. railroad stations, and public buildings which
occupy at least three hundred feet of frontage on one
side or three hundred feet collectively on both sides of
the highway;
(4) "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;
(5) "Center of intersection." The point of intersection
of the center lines of the roadways of intersecting
highways;
(6) "City street." Every highway as herein defined, or
part thereof located within the limits of incorporated
cities and towns, except alleys;
(7) "Combination of vehicles." Every combination of
motor vehicle and motor vehicle, motor vehicle and
trailer, or motor vehicle and semitrailer;
(8) "Commercial vehicle." Any vehicle the principal
use of which is the transportation of commodities, merchandise, produce, freight, animals, or passengers for
hire;
(9) "County road." Every highway as herein defined,
or part thereof, outside the limits of incorporated cities
and towns and which has not been designated as a state
highway, or branch thereof;
(IO) "Crosswalk." The portion of the roadway between the intersection area and a prolongation or connection of the farthest sidewalk line or in the event
there are no sidewalks then between the intersection
area and a line ten feet therefrom, except as modified
by a marked crosswalk;
(11) "Intersection area." (a) The area embraced within the prolongation or connection of the lateral curb
lines, or, if none, then the lateral boundary lines of the
roadways of two or more highways which join one another at, or approximately at, right angles, or the area
within which vehicles traveling upon different highways
joining at any other angle may come in conflict;
(b) Where a highway includes two roadways thirty
feet or more apart, then every crossing of each roadway
of such divided highway by an intersecting highway
shall be regarded as a separate intersection. In the event
such intersecting highway also includes two roadways
thirty feet or more apart, then every crossing of two
roadways of such highways shall be regarded as a separate intersection;
(c) The junction of an alley with a street or highway
shall not constitute an intersection;
(12) "Intersection control area." The intersection area
as herein defined, together with such modification of
the adjacent roadway area as results from the arc or
curb corners and together with any marked or unmarked crosswalks adjacent to the intersection;
[1975 RCW Supp----p
4841
(13) "Laned highway." A highway the roadway of
which is divided into clearly marked lanes for vehicular
traffic;
(14) "Local authorities." Every county. municipal, or
other local public board or body having authority to
adopt local police regulations under the Constitution
and laws of this state;
(15) "Marked crosswalk." Any portion of a roadway
distinctly indicated for pedestrian crossing by lines or
other markings on the surface thereof;
(16) "Metal tire." Every tire, the bearing surface of
which in contact with the highway is wholly or partly of
metal or other hard, nonresilient material:
( 17) "Motor truck." Any motor vehicle. as herein defined, designed or used for the transportation of commodities, merchandise, produce, freight, or animals;
(18) "Motor vehicle." Every vehicle, as herein defined, which is in itself a self-propelled unit;
(19) "Multiple lane highway." Any highway the
roadway of which is of sufficient width to reasonably
accommodate two or more separate lanes of vehicular
traffic in the same direction, each lane of which shall be
not less than the maximum legal vehicle width, and
whether or not such lanes are marked;
(20) "Operator." Every person who drives or is in actual physical control of a vehicle as herein defined;
(21) "Peace officer." Any officer authorized by law to
execute criminal process or to make arrests for the violation of the statutes generally or of any particular statute or statutes relative to the highways of this state;
(22) "Pedestrian." Any person afoot;
(23) "Person." Every natural person, firm, copartnership, corporation, association, or organization;
(24) "Pneumatic tires." Every tire of rubber or other
resilient material designed to be inflated with compressed air to support the load thereon;
(25) "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;
(26) "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;
(27) "Railroad." A carrier of persons or property
upon vehicles, other than street cars, operated upon
stationary rails, the route of which is principally outside
incorporated cities and towns;
(28) "Railroad sign or signal." Any sign, signal, or
device erected by authority of a public body or official
or by a railroad and intended to give notice of the
presence of railroad tracks or the approach of a railroad
train;
(29) "Residence district." The territory contiguous to
and including the highway, as herein defined, not comprising a business district, as herein defined, when the
property on such highway for a continuous distance of
three hundred feet or more on either side thereof is in
the main improved with residences or residences and
buildings in use for business;
Priority Programming For Highway Development
(30) "Roadway." The paved, improved, or proper
driving portion of a highway designed, or ordinarily
used for vehicular travel;
(31) "Safety zone." The area or space officially set
apart within a roadway for the exclusive use of pedestrians and which is protected or is marked or indicated
by painted marks, signs, buttons, standards, or otherwise so as to be plainly discernible;
(32) "Sidewalk." That property between the curb
lines or the lateral lines of a roadway, as herein defined,
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;
(33) "Solid tire." Every tire of rubber or other resilient material which does not depend upon inflation with
compressed air for the support of the load thereon;
(34) "State highway." Every highway as herein defined, or part thereof, which has been designated as a
state highway, or branch thereof, by legislative
enactment;
(35) "Street car." A vehicle other than a train, as
herein defined, for the transporting of persons or property and operated upon stationary rails principally
within incorporated cities and towns;
(36) "Traffic." Pedestrians, ridden or herded animals,
vehicles, street cars, and other conveyances either singly
or together while using any highways for purposes of
travel;
(37) "Traffic control signal." Any traffic device, as
herein defined, whether manually, electrically, or mechanically operated, by which traffic alternately is directed to stop or proceed or otherwise controlled;
(38) "Traffic devices." All signs, signals, markings,
and devices not inconsistent with this title placed or
erected by authority of a public body or official having
jurisdiction, for the purpose of regulating, warning, or
guiding traffic;
(39) "Train." A vehicle propelled by steam, electricity, or other motive power with or without cars coupled
thereto, operated upon stationary rails, except street
cars;
(40) "Vehicle." Every device capable of being moved
upon a highway and in, upon, or by which any person
or property is or may be transported or drawn upon a
highway, excepting devices moved by human or animal
power or used exclusively upon stationary rails or
tracks.
Words and phrases used herein in the past, present,
or future tense shall include the past, present, and future tenses; words and phrases used herein in the masculine, feminine, or neuter gender shall include the
masculine, feminine, and neuter genders; and words
and phrases used herein in the singular or plural shall
include the singular and plural; unless the context
thereof shall indicate to the contrary. [1975 c 62 § 50;
1967 ex.s. c 145 § 42; 1961 c 13 § 47.04.010. Prior: 1937
c 53 § l; RRS § 6400-1.)
Severability-1975 c 62: See note following RCW 36.75.010.
47.05.035
Chapter 47.05
PRIORITY PROGRAMMING FOR HIGHWAY
DEVELOPMENT
Sections
47.05.030
47.05.035
47.05.040
47.05.050
47.05.051
47.05.055
Long range plan for improvements-ObjectivesCa tegories-Priori ties.
Allocation of revenues, factors---Graduated rates of
development.
Six year comprehensive highway construction program
and financial plan-Adoption-Biennial revision-Apportionment.
Repealed.
Six year comprehensive highway construction program-Priority selection criteria-Departure from
criteria-Biennial revision.
Application of chapter 143, Laws of 1975 !st ex.
sess.-Deviations from plans.
47.05.030 Long range plan for improvements-Objectives--Categories--Priorities. The state highway commission shall adopt and periodically revise after consultation with the legislative transportation
committee and senate and house transportation and
utilities committees a long range plan for highway improvements, specifying highway planning objectives for
each of the highway categories, "A", "B", and "C", defined in this section, based upon needs for the ensuing
fourteen year advance planning period, and within the
framework of revenue estimates for such period. The
plan shall be based upon the improvement needs for
state highways as determined by the highway commission from time to time.
With such reasonable deviations as may be required
to effectively utilize the available funds and to adjust to
unanticipated delays in programmed projects, the highway commission shall allocate the estimated available
funds among the following described categories of
highway improvements, so as to carry out the commission's highway planning objectives within a fourteen
year advance planning period:
(1) Category A shall consist of those improvements
necessary to sustain the structural, safety, and operational integrity of the existing state highway system
(other than improvements to the interstate system to be
funded with federal aid at the regular interstate rate
under federal law and regulations).
(2) Category B shall consist of improvements for the
continued development of the interstate system to be
funded with federal aid at the regular interstate rate
under federal law and regulations.
(3) Category C shall consist of the development of
major transportation improvements (other than improvements to the interstate system to be funded with
federal aid at the regular interstate rate under federal
law and regulations) including designated but unconstructed highways which are vital to the state-wide
transportation network. [1975 1st ex.s. c 143 § l; 1973
2nd ex.s. c 12 § 4; 1969 ex.s. c 39 § 3; 1965 ex.s. c 170 §
33; 1963 c 173 § 3.)
47.05.035 Allocation of revenues, factors--Graduated rates of development. ( 1) The commission, in preparing the long range plan for highway improvements,
shall allocate the estimated revenues for the fourteen
(1975 RCW Supp--p 485)
-'7.05.035
Title 47:
Public Highways
year period among categories A B. and C giving primary consideration to the following factors:
(a) The relative needs in each of the categories of
improvements;
(b) The need to provide adequate funding for category A improvements to protect the state's investment in
its existing highway system; and
(c) The continuity of future highway development of
all categories of improvements with those previously
programmed.
(2) The commission in preparing the long range plan
shall establish graduated rates of development of category A improvements according to functional class importance. [1975 1st ex.s. c 143 § 2.]
47.05.040 Six year comprehensive highway construction program and financial plan--Adoption--Biennial revision--Apportionment. ( 1) Prior to October 1
of each even-numbered year, the state highway commission shall adopt and thereafter shall biennially revise
after consultation with the legislative transportation
committee and senate and house transportation and
utilities committees a comprehensive six year program
and financial plan for highway construction, maintenance, and planning activities.
(2) The highway construction program for the ensuing six years shall allocate to category A improvements
as a whole, and then to each of the five functional
classes of state highways, that percentage of the estimated available construction funds as will be necessary
to accomplish the commission's long range plan for
highway improvements. The commission shall then apportion the available category A construction funds,
according to functional class, among the several highway districts in the proportion that the estimated remaining category A improvement needs for each
functional class of highway within each highway district
bears to the total of such estimated needs for each
functional class remaining unsatisfied throughout the
state.
(3) The commission shall allocate to category B improvements for the ensuing six years, the estima~ed
available federal aid interstate funds and state matchmg
funds as necessary to accomplish the commission's long
range plan for category B highway improvements
throughout the state.
(4) The commission shall allocate to category C improvements for the ensuing. six years, the remaini~g estimated available construction funds to accomphsh to
the extent possible the commission's long range plan for
category C highway improvements throughout the state.
[1975 1st ex.s. c 143 § 3; 1973 2nd ex.s. c 12 § 5; 1969
ex.s. c 39 § 4; 1963 c 173 § 4.]
47.05.050 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
47.05.051 Six year comprehensive highway construction program--Priority selection criteria--Departure
from criteria--Biennial revision. (1) The six year comprehensive highway construction program for each category of improvements shall be based upon a priority
selection system within the budget limits established for
11975 RCW Supp----p 4861
the category. The commission using the criteria set
forth in RCW 47.05.030, as now or hereafter amended,
shall determine the category of each highway
improvement.
(2) Selection of specific category A projects for the six
year program shall be based on the priority of each
highway section proposed to be improved or constructed in relation to other highway sections within the same
functional class and within the respective highway district taking into account the criteria set forth in subsection (4) of this section.
(3) Selection of specific category B projects for the six
year program shall be based on the priority of each interstate system highway section proposed to be improved or constructed in relation to other interstate
highway sections within the state taking _into ~ccount
the criteria set forth in subsection (4) of this section.
(4) The priority of each category A and B project as
provided in subsections (2) and (3) of this section shall
be determined in accordance with the following criteria
(not necessarily in order of importance):
(a) Its structural ability to carry loads imposed upon
it;
(b) Its capacity to move traffic at reasonable speeds
without undue congestion;
(c) Its adequacy of alignment and related geometrics;
(d) Its accident experience; and
(e) Its fatal accident experience.
(5) Selection of specific category C projects for the six
year program shall be based on the priority of each
highway section proposed to be improved in relation to
other highway sections within the state with full regard
to the structural, geometric, safety, and operational adequacy of the existing highway section taking into account the following:
(a) Continuity of development of the highway transportation network;
(b) Coordination with the development of other
modes of transportation;
(c) The stated long range goals of the local area and
its transportation plan;
(d) Its potential social, economic, and environmental
impacts;
(e) Public views concerning proposed improvements;
(f) The conservation of energy resources and the capacity of the transportation corridor to move people
and goods safely and at reasonable speeds; and
(g) Feasibility of financing the full proposed
improvement.
(6) The commission in selecting any project for improvement in categories A, B, or C may depart from the
priority of projects so established (a) to the extent that
otherwise funds cannot be utilized feasibly within the
program, (b) as may be required by a court judgment,
legally binding agreement or state and federal laws and
regulations, (c) as may be required to coordinate with
federal, local or other state agency construction projects, (d) to take advantage of some substantial financial
benefit that may be available, (e) for continuity of route
development, or (f) because of changed financial or
Acquisition, Disposition of Property
physical conditions of an unfo~ese~n .or .emergen_t nature. The commission shall mamtam m its files mformation sufficient to show the extent to which the
commission has departed from the established priority
of projects.
(7) The six year construction program shall be revised
biennially in accordance with revisions in functional
classification or priority ratings resulting from changed
conditions. The program shall be extended for an additional two years, to six years in the future, on July I st
of each odd-numbered year. [1975 !st ex.s. c 143 § 4.]
47.05.055 Application of chapter 143, Laws of 1975
1st ex. sess.--Deviations from plans. The provisions of
*this 1975 amendatory act modifying existing procedures for priority programming for highway development as set forth in chapter 47.05 RCW, shall first
apply to the long range plan for improvements for the
period 1977 to 1991, and shall first apply to the preparation of the six year highway construction program for
the period 1977 to 1983. For the biennium ending June
30, 1977, the commission may deviate from the existing
long range plan and the six year plan whenever it shall
determine that further development of any project, regardless of location or functional class, may be incompatible with the modified procedures prescribed by *this
1975 amendatory act and the long range plan and the
six year plan being developed pursuant thereto for the
periods 1977 to 1991 and 1977 to 1983 respectively.
[1975 1st ex.s. c 143 § 6.]
*Reviser's note: "this 1975 amendatory act" (1975 !st ex.s. c 143]
consisted of amendments to RCW 47.05.030 and 47.05.040, the enactment of the instant section and RCW 47.05.035 and 47.05.051, and
the repeal of RCW 47.05.050.
Chapter 47.12
ACQUISITION AND DISPOSITION OF STATE
HIGHWAY PROPERTY
Sections
47.12.060
47.12.070
47.12.080
47.12.130
47.12.150
47.12.290
Sale or exchange of rights or land not needed for highway purposes-Sale by public auction only, when.
Sale or exchange of rights or land not needed for highway purposes-Sale or lease to a city or countyProceeds.
Sale or exchange of rights or land not needed for highway purposes-Transfer to United States, municipal
subdivision, public utility-Proceeds.
Exchange of land with abutting owner.
Acquisition, exchange, of property to relocate displaced
facility.
Sale of real property-Execution, acknowledgement,
and delivery of deed.
47.12.060 Sale or exchange of rights or land not
needed for highway purposes--Sale by public auction
only, when. When a state highway is relocated and the
old route is abandoned, and the new route crosses land
owned by a person who owns land abutting on the old
route, the Washington state highway commission may
agree with the owner to convey to him title to the old
route or a part thereof as all or part consideration for
his land to be taken for the new route.
Whenever the state has abandoned any highway
rights of way, pit sites, stock pile sites or owns land not
47.12.080
needed for highway purposes, the Washington state
highway commission may sell same to abutting owners
for the fair market value or exchange with any person
as a consideration or part consideration for lands or
property rights needed by the state, or may sell same by
public auction whenever it is deemed in the public interest to do so: Provided, That whenever the commission finds that it is in the public interest to sell such
property to an abutting private owner and there are two
or more abutting owners, the commission shall sell the
same only by public auction unless every abutting owner but one signs a statement signifying he does not intend to bid on or purchase such property.
The Washington state highway commission shall certify the agreement to the director of highways with a
description of the property to be conveyed, and the director of highways shall execute the deed which shall be
duly acknowledged and deliver it to the grantee. [1975
1st ex.s. c 96 § I; 1961 c 13 § 47.12.060. Prior: 1955 c
384 § 13; prior: 1945 c 146 § I, part; 1937 c 53 § 28,
part; Rem. Supp. 1945 § 6400--28, part.]
47.12.070 Sale or exchange of rights or land not
needed for highway purposes--Sale or lease to a city
or county--Proceeds. If the Washington state highway commission deems that any land is no longer required for state highway purposes and that it is in the
public interest so to do, said highway commission may
negotiate for the sale of the land to a city or county of
the state. The state highway commission shall certify
the agreement for the sale to the director of highways,
with a description of the land and the terms of the sale,
and the director df highways shall execute the deed
which shall be duly acknowledged and deliver it to the
grantee.
Any moneys received pursuant to the provisions of
this section shall be deposited in the motor vehicle
fund. [1975 1st ex.s. c 96 § 2; 1969 c 91 § 2; 1961 c 13 §
47.12.070. Prior: 1955 c 384 § 14; prior: 1945 c 146 § I,
part; 1937 c 53 § 28, part; Rem. Supp. 1945 § 6400--28,
part.]
47.12.080 Sale or exchange of rights or land not
needed for highway purposes--Transfer to United
States, municipal subdivision, public utility--Proceeds.
Whenever in the construction, reconstruction, location
or improvement of any state highway it may become
necessary to transfer and convey to the United States,
its agencies or instrumentalities, to any municipal subdivision of this state, or to any public utility company,
any unused state highway right of way or real property,
and in the judgment of the highway commission and
the attorney general, such transfer and conveyance is
consistent with public interest, the highway commission
may enter into agreements accordingly. Whenever the
highway commission shall make any such agreement for
any such transfer or conveyance, and together with the
attorney general, certifies to the director of highways
that such agreement has been made setting forth in
such certification a description of the lands or premises
involved, the director of highways shall execute and deliver unto the United States government, or its agencies
[1975 RCW Supp---p 487)
Title 47:
47.12.080
Public Highways
or instrumentalities, unto any municipal subdivision of
this state. or unto any public utility company. a deed of
conveyance, easement or other instrument, duly acknowl~dged. as shall be necessary to fu.lfill the terms of
the aforesaid agreement. All moneys paid to the state of
Washington under any of the provisions hereof shall be
deposited in the motor vehicle fund. [ 197 5 I st ex.s. c 96
§ 3; 1961 c 13 § 47.12.080. Prior: 1945 c 127 §I; Rem.
Supp. 1945 § 6400-120.]
4 7 .12.130 Exchange of land with abutting owner.
Whenever the state department of highways shall have
title to any parcel of land which the state high~ay
commission shall determine is not necessary for highway purposes, the commission is authorized to ca~se
such land to be deeded to the owner of land abuttmg
upon such parcel in consideration, or partial consideration, for other lands owned by such property owner
which the highway commission deems to be necessary
for highway purposes. The director of highways shall
execute the conveyances, which shall be duly acknowledged, necessary to carry out such exchange. [ 1975 I st
ex.s. c 96 § 4; 1961 c 13 § 47.12.130. Prior: 1953 c 28 §
I.]
47.12.150 Acquisition, exchange, of property to relocate displaced facility. Whenever the highway commission shall need for highway purposes land or property
rights belonging to the United ~t~t.es government or
any municipality or political s~bdivlSlon of the state, ~r
which shall be a part of the nght of way of any p~bhc
utility having authority to exercise powers of emment
domain, when the acquisition of such prope.rt~ by. the
state will result in the displacement of any existmg nght
of way or facility, the state highway commission is authorized to acquire by condemnation or otherwise such
lands and property rights as shall be needed to relocate
such right of way or facilities so displa~ed ~nd to ~x­
change lands or property rights so acquired m consideration or partial consideration for the land o~ property
rights needed for highway purposes. !he director .of
highways, at the request of the state h~ghway commission shall execute each conveyance, which shall be duly
ack~owledged, necessary to accomplish such excha~ge.
[1975 1st ex.s. c 96 § 5; 1961 c 13 § 47.12.150. Pnor:
1953 c 55 § I.]
47.12.290 Sale of real property--Execution, acknowledgement and delivery of deed. When full payment for real property agreed to be sold as authorized
by RCW 47.12.280 has been recei.ved the director of
highways shall execute the deed which shall be duly acknowledged and deliver it to the grantee. [1975 lst ex.s.
c 96 § 6; 1973 1st ex.s. c 177 § 2.]
Chapter 47.17
STATE HIGHWAY ROUTES
Sections
47.17.045
47.17.085
47.17.115
47.17.155
State
State
State
State
route
route
route
route
No.
No.
No.
No.
(1975 RCW Supp---p
4881
10.
21.
27.
97.
47.17.205
47.17.265
47.17.300
47.17.315
47.17.416
47.17.453
47.17.570
47.17.650
47.17.775
47.17.840
47.17.867
47.17.917
Repealed.
Repealed.
State route
State route
State route
State route
Repealed.
State route
Repealed.
State route
State route
State route
No.
No.
No.
No.
155.
162.
211.
237.
No. 503.
No. 903.
No. 920.
No. 970.
47.17.045 State route No. 10. A state highway to be
known as state route number 10 is established as
follows:
Beginning at Teanaway junction t~ence easterly. via
the existing highway along the north side of the Yakima
River to a junction with state route number 97 west of
Ellensburg. [1975 c 63 § 14; 1971 ex.s. c 73 § l; 1970
ex.s. c 51 § 10.]
47.17.085 State route No. 21. A state highway to be
known as state route number 21 is established as
follows:
Beginning at a junction with state route number 395
in the vicinity of Lind, thence nort~erly. by t~e most
feasible route by way of Odessa to a JUn~hon with state
route number 2 in the vicinity west of Wilbur; also
Beginning at a junction with state rout~ number 2 at
Wilbur, thence northerly by the most feasible ~oute to a
junction with state route number 20 at Republic; also
Beginning at a junction with state route number 20
east of Republic, thence northeasterly by the most feasible route to the east of Curlew lake by way of Curlew
to the international boundary line in the vicinity of
Danville. [1975 c 63 § l; 1970 ex.s. c 51 § 18.]
47.17.115 State route No. 27. A state highway to be
known as state route number 27 is established as
follows:
Beginning at a junction with state route number 270
at Pullman, thence northerly to a junction with state
route number 271 in the vicinity of Oakesdale; also
From a junction with state route number 271 at
Oakesdale, thence in a northerly direction by way of
Tekoa, Latah, Fairfield and Rockford to a junction with
state route number 90 in the vicinity of Opportunity.
[1975 c 63 § 2; 1970 ex.s. c 51 § 24.]
47.17.155 State route No. 97. A state highway to be
known as state route numbe.r 97 is established as
follows:
Beginning at the Washington-Oregon boundary on
the interstate bridge across the Columbia river at Biggs
Rapids, thence in a northerly direction to the junction
with state route number 14 in the vicinity of Maryhill,
thence in a northerly direction by way of Goldendale,
thence northeasterly by way of Satus Pass to a junction
with state route number 22 at Toppenish, thence northwesterly south of the Yakima river to a junction with
state route number 82 at Union Gap; also
Beginning at a junction with state route number 90 in
the vicinity of Ellensburg, thence northeasterly by the
most feasible route by way of Blewett Pass to a junction
Miscellaneous Projects
(Formerly: Secondary Highway Routes--Miscellaneous Projects)
with state route number 2 in the vicinity of Peshastin;
also
Beginning at a junction with state route number 2 in
the vicinity north of Wenatchee, thence northerly by
the most feasible route by way of the vicinities of
Chelan, Pateros, Brewster, Okanogan, and Oroville to
the international boundary line: Provided, That until
such times as the watergrade route between Chelan
Station and Azwell, as designated by the highway commission, is constructed and opened to traffic the existing
route on the west side of the Columbia river shall remain the traveled way of state route number 97. [1975 c
63 § 3; 1973 1st ex.s. c 151 § 2; 1970 ex.s. c 51 § 32.)
47.17.205 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
47.17.265 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
47.17.300 State route No. 155. A state highway to be
known as state route number 155 is established as
follows:
Beginning at a junction with state route number 2 in
the vicinity north of Coulee City, thence northeasterly
to the boundary of the federal reservation at the Grand
Coulee dam; also
Beginning at the boundary of the federal reservation
at the Grand Coulee dam, thence northwesterly by the
most feasible route by way of Nespelem and Disautel to
a junction with state route number 97 at Omak; also
Beginning at a junction with state route number 155
at Omak, thence northwesterly crossing the Okanogan
river to a junction with state route number 215 at
Omak. [1975 c 63 § 4; 1970 ex.s. c 51 § 61.)
47.17.315 State route No. 162. A state highway to be
known as state route number 162 is established as
follows:
Beginning at a junction with state route number 410
at Sumner, thence southerly to Orting, thence northeasterly to a junction with state route number 165 in the
vicinity south of Buckley. [1975 c 63 § 5; 1971 ex.s. c 73
§ 7; 1970 ex.s. c 51 § 64.)
47.17.416 State route No. 211. A state highway to be
known as state route number 211 is established as
follows:
Beginning at a junction with state route number 2
southwest of Newport, thence northerly by the most
feasible route by way of Sacheen Lake to a junction
with state route number 20 at Usk. [1975 c 63 § 10.)
47.17.453 State route No. 237. A state highway to be
known as state route number 237 is established as
follows:
Beginning at a junction with state route number 20 in
the vicinity of Whitney, thence northerly to a junction
with state route number 11 in the vicinity south of
Blanchard. [ 1975 c 63 § 11.]
Chapter 47.20
47.17.570 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
47.17.650 State route No. 503. A state highway to be
known as state route number 503 is established as
follows:
Beginning at a junction with state route number 500
at Orchards, thence northerly to a junction with state
route number 502 at Battleground, thence northerly to
Amboy, thence westerly to a junction with state route
number 5 in the vicinity of Woodland. [1975 c 63 § 6;
1970 ex.s. c 51 § 131.]
47.17.775 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
47.17.840 State route No. 903. A state highway to be
known as state route number 903 is established as
follows:
Beginning at a junction with state route number 970
in the vicinity of Cle Elum, thence northwesterly by
way of Cle Elum and Roslyn to the National Forest
boundary in the vicinity of Lake Cle Elum. [ 1975 c 63 §
7; 1970 ex.s. c 51 § 169.)
47.17.867 State route No. 920. A state highway to be
known as state route number 920 is established as
follows:
Beginning at a junction with state route number 901
near the north end of Lake Sammamish thence easterly
by the most feasible route to a junction with state route
n um her 202 in the vicinity of Redmond. [ 197 5 c 63 §
13.]
47.17.917 State route No. 970. A state highway to be
known as state route number 970 is established as
follows:
Beginning at a junction with state route number 90 in
the vicinity of Cle Elum, thence northeasterly by way of
Teanaway to a junction with state route number 97 in
the vicinity of Virden. [1975 c 63 § 12.]
Chapter 47.20
MISCELLANEOUS PROJECTS
(FORMERLY: SECONDARY HIGHWAY
ROUTES-MISCELLANEOUS PROJECTS)
Sections
47.20.645
47.20.647
47.20.649
47.20.651
47.20.653
47.20.660
47.20.662
47.20.664
47.20.666
47.20.900
Interstate 90 corridor-Legislative finding.
Interstate 90 corridor-Withdrawal of local governments from project-Effect on use of state funds.
Interstate 90 corridor-Public hearings, when
required.
Interstate 90 corridor-Final environmental impact
statement, when required.
Interstate 90 corridor-Court proceedings, priority.
West Seattle freeway corridor-Legislative finding.
West Seattle freeway corridor-StudiesAppropriation.
West Seattle freeway corridor-Study, advice by other
agencies.
Urban arterial trust funds initially authorized in 1967-69
biennium---Obligation continued, limitations.
Severability-1975 !st ex.s. c 272.
11975 RCW Supp--p 4891
47 .20.645
Title 47:
Public Highways
47 .20.645 Interstate 90 corridor--Legislative finding. The legislature finds that the Washington department of highways initiated route studies for the location
of that segment of the national system of interstate and
defense highways (interstate system) between south
Bellevue and state route No. 5 in Seattle in 1957 culminating in a corridor public hearing and adoption of a
corridor in 1963; that thereafter the department utilizing a multidisciplinary design team and soliciting the
broadest public participation developed a series of designs culminating in a public design hearing in 1970, a
public limited access hearing in 1971 and adoption of a
design and limited access plan for the facility in 1971;
that commencing in 1970 the proposed facility has been
the subject of numerous lawsuits and administrative
proceedings which have prevented advancement of the
project to construction; that since further development
of the project was enjoined by federal courts in 1971 the
cost of constructing the project has increased by more
than one hundred million dollars; that the traffic congestion and traffic hazards existing in the existing highway corridor between south Bellevue, Mercer Island
and the city of Seattle are no longer tolerable; that after
more than seventeen years of studies the public interest
now requires that final decisions regarding the appropriate system for meeting the transportation requirements between south Bellevue and the city of Seattle be
made promptly and in accordance with a prescribed
schedule.
It is therefore the sense of the legislature that further
protracted delay in establishing the transportation system to be constructed between south Bellevue and state
route No. 5 in the city of Seattle is contrary to the interest of the people of this state and can no longer be
tolerated as acceptable public administration. Accordingly the schedule for finally determining the character
of transportation modes between south Bellevue and
state route No. 5 in the city of Seattle as set forth in
RCW 47.20.645 through 47.20.653, and 47.20.900 is
adopted as the public policy of this state. [ 1975 1st ex.s.
c 272 § I.]
47 .20.647 Interstate 90 corridor--Withdrawal of
local governments from project--Effect on use of state
funds. ( 1) The Puget Sound council of governments
(until July 1, 1975, known as the Puget Sound governmental conference) now engaged in a study of the
withdrawal from the interstate system of that segment
of state route No. 90 between the south Bellevue interchange and the Connecticut street interchange on state
route No. 5 and the substitution of public mass transit
projects in lieu thereof as authorized by section
103(e)(4) of Title 23, United States Code, is directed to
complete all phases of the study by November 1, 1975.
(2) No later than January 15, 1976, the city councils
of Seattle, Mercer Island and Bellevue and the county
council of King County shall each by resolution either
approve or disapprove a request to withdraw from the
interstate system the segment of state route No. 90 between south Bellevue interchange and the Connecticut
street interchange on state route No. 5. Nothing in this
subsection shall be construed as requiring the city or
11975 RCW Supp--p 4901
county councils to adopt by January 15, 1976 any proposal for substitute mass transit projects.
(3) If at least three of the four city and county councils request withdrawal from the interstate system of the
designated segment of state route No. 90 by January 15.
1976, and such request is thereafter concurred in by the
governor and the Puget Sound council of governments,
such determination shall be final as it relates to the
state of Washington and except as may be required to
terminate the project in an orderly manner, no moneys
shall thereafter be expended from the motor vehicle
fund for further development of the designated section
of highway as an interstate highway without further express authorization of the legislature.
(4) If fewer than three of the four city and county
councils request withdrawal from the interstate system
of the designated segment of state route No. 90 by January 15, 1976, or if the governor does not concur in the
withdrawal request, then no tax revenues collected by
the state of Washington shall thereafter be expended for
the construction of substitute public mass transit projects in the Seattle metropolitan area pursuant to section 103(e)(4) of Title 23, United States Code, without
further express authorization of the legislature. [1975 1st
ex.s. c 272 § 2.]
47.20.649 Interstate 90 corridor--Public hearings,
when required. In the event that fewer than three of the
four councils of the cities of Seattle, Mercer Island and
Bellevue and King County pass resolutions requesting
withdrawal from the interstate system of the segment of
state route No. 90 between south Bellevue and state
route No. 5 by January 15, 1976, the Washington department of highways shall conduct a public hearing as
required by federal law and regulations relating to the
location and design of the designated segment of the
interstate system commencing no later than February 1,
1976. [1975 1st ex.s. c 272 § 3.]
47.20.651 Interstate 90 corridor--Final environmental impact statement, when required. In the event
public hearings are conducted as described in RCW
47.20.649, and the department of highways determines
that the segment of the interstate system along state
route No. 90 between south Bellevue and state route
No. 5 in Seattle should be constructed, then the department, in cooperation with the federal highway administration, shall complete a final environmental impact
statement on such proposal in compliance with the national environmental policy act and chapter 43.21C
RCW by May 1, 1976, and file the same with appropriate federal and state offices. [1975 1st ex.s. c 272 § 4.]
47.20.653 Interstate 90 corridor-Court proceedings, priority. State court proceedings instituted to challenge the validity of any steps taken in pursuance of the
construction of the segment of the interstate system between south Bellevue and state route No. 5 in Seattle,
or the construction of substitute public mass transit
projects in lieu thereof, shall take precedence over all
other causes not involving the public interest in all
Development in Urban Areas--Urban Arterials
courts of this state to the end construction of such facilities may be expedited to the fullest. The legislature
of the state of Washington respectfully requests of the
federal judiciary that challenges instituted in the federal
courts relating to the validity of steps leading to the
construction of the designated interstate highway or
substitute public mass transit projects in lieu thereof be
expedited to the fullest. [ 1975 1st ex.s. c 272 § 5.]
47 .20.660 West Seattle freeway corridor--Legislative finding. The legislature hereby recognizes that the
well-being of Washington citizens depends upon a
sound and viable economic base; that the state of
Washington is significantly involved in the maritime industry; that the Seattle area is an important contributor
to the state's economy, and that the location of additional maritime and related industry in the Seattle area
is desirable.
The legislature also recognizes that the lower
Duwamish waterway in Seattle represents a high potential for increased maritime activity and resulting employment opportunities. [1975 1st ex.s. c 267 § l.]
47.20.662 West Seattle freeway corridor--Studies--Appropriation. There is hereby appropriated to
the Washington state highway commission the sum of
one hundred fifty thousand dollars, or as much thereof
as may be necessary, from the motor vehicle fund to
study the following issues regarding the proposed improved crossing of the Duwamish waterway to West
Seattle:
(1) Feasibility of placing the corridor currently identified as the West Seattle freeway corridor, connecting
West Seattle to Interstate 5, on the state highway
system.
(2) Evaluation of existing studies regarding the proposed high-level crossings of the Duwamish waterway,
or conduct additional studies as the commission deems
appropriate, to determine the approximate amount of
funds required for the construction of a high-level
crossing of the Duwamish waterway.
(3) Identification of the principal groups or agencies
benefiting from the construction of a high-level crossing
of the Duwamish waterway and alternative methods of
permitting such groups to participate in project costs
including, but not limited to, user tolls or local improvement district assessments.
(4) Identification and analysis of sources of federal,
state, and local revenues that may be available for
transportation or economic development purposes that
could be utilized for such high-level crossing.
(5) Rec~~mende_d changes in legislation to permit
the expeditious design and construction of such highlevel crossing upon receipt of funding.
(6) Recommendation of an appropriate agency to administer the design and construction of such crossing.
The highway commission shall report its finding and
recommendations to the house and senate transportation and utilities committees not later than July 1, 1976.
[1975 1st ex.s. c 267 § 2.]
47.26.130
47.20.664 West Seattle freeway corridor--Study,
advice by other agencies. The Washington state highway
commission shall be advised in its study of the West
Seattle freeway corridor, provided for in RCW
47.20.662, by, but not limited to, the chief executive, or
his designee, of the port of Seattle, the Washington state
department of commerce and economic development,
the municipality of metropolitan Seattle, and the city of
Seattle and such other persons, jurisdictions and agencies affected by the future development of the project as
the commission deems appropriate. [ 1975 1st ex.s. c 267
§ 3.]
47.20.666 Urban arterial trust funds initially authorized in 1967-69 biennium--Obligation continued, limitations. See RCW 47 .26.28 l.
47.20.900 Severability--1975 1st ex.s. c 272. 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
272 § 6.]
Reviser's note: This applies to RCW 47.20.645 through 47.20.653.
Chapter 47.26
DEVELOPMENT IN URBAN AREAS--URBAN
ARTERIALS
Sections
47.26.040
47.26.130
47.26.180
47.26.183
47.26.185
47.26.281
"Urban area" defined.
Urban arterial board-Expenses of members.
Division of roads or streets into arterial or access roads
or streets----Classification of arterials--Review and
revision by board.
Application for funds by political subdivisions previously ineligible.
Qualifications for administering and supervising urban
arterial projects--Rules by board.
Urban arterial trust funds initially authorized in 1967-69
biennium----Obligation continued, limitations.
47.26.040 "Urban area" defined. The term "urban
area" means every area of this state designated as an
urban area by the state highway commission with the
approval of the federal department of the secretary of
transportation or the federal highway administrator in
accordance with federal law, or areas within incorporated cities as determined by the office of program
planning and fiscal management. [ 1975 1st ex.s. c 253 §
1; 1967 ex.s. c 83 § 10.]
47.26.130 Urban arterial board--Expenses of
members. Members of the urban arterial board shall receive no compensation for their services 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 § 2; 1969 ex.s. c 171 § 2; 1967 ex.s. c
83 § 19.]
[1975 RCW Supp--p 491)
47 .26.180
Title 47:
Public Highways
47.26.180 DMsion of roads or streets into arterial or
access roads or streets--Classification of arterials-Review and revision by board. Arterial designation and
classification, as provided for by this chapter, shall be
required to be an integral and coordinated portion of its
planning process as authorized by chapters 35.63 or 36.70 RCW. The legislative authority of each county and
city lying within or having within its boundaries an urban area shall with the advice and assistance of its chief
engineer and its planning office divide all of its roads or
streets into arterial roads or streets and access roads or
streets and shall further subdivide the arterials into
three functional classes to be known as major arterials,
secondary arterials, and collector arterials, all in accordance with uniform standards established by the urban arterial board. Upon receipt of the classification
plans of the several counties and cities, the urban arterial board shall review and revise the classification for
the urban arterials as necessary to conform with its
uniform standards for classifying urban arterials. [ 1975
I st ex.s. c 253 § 2; 1967 ex.s. c 83 § 24.]
47.26.183 Application for funds by political subdivisions previously ineligible. Political subdivisions that
have previously been ineligible to apply for urban arterial trust funds, that are made eligible for such application by *this 1975 amendatory act, shall be afforded an
opportunity by the urban arterial board to make such
application. [1975 lst ex.s. c 253 § 3.]
•Reviser's note: "this 1975 amendatory act" [1975 !st ex.s. c 253]
consisted of amendments to RCW 47.26.040 and 47.26.180, the instant section, and RCW 47.26.185.
47.26.185 Qualifications for administering and supervising urban arterial projects--Rules by board. The
urban arterial board may adopt rules establishing qualifications for cities and counties administering and supervising the design and construction of urban arterial
projects financed in part from the urban arterial trust
account. The rules establishing qualification shall take
into account the resources and population of the city or
county, its permanent engineering staff, its design and
construction supervision experience and such other factors as the board deems appropriate. Any city or county
failing to meet the qualifications established by the
board for administering and supervising an urban arterial project, shall contract with a qualified city or county or the department of highways for the administration
and supervision of the design and construction of any
approved urban arterial project as a condition for receiving urban arterial trust account funds for the
project. [ 1975 l st ex.s. c 253 § 4.]
47.26.281 Urban arterial trust funds initially authorized in 1967--{)9 biennium--Obligation continued, limitations. Urban arterial trust funds initially authorized
by the state urban arterial board in the 1967-69 biennium for specific projects in cities over three hundred
thousand population, as last determined by the office of
program planning and fiscal management, shall remain
obligated to such projects for the period through June
30, 1977 unless such project is earlier withdrawn or
(1975 RCW Supp--p 4921
abandoned by the sponsoring city. This continued obligation of urban arterial trust funds shall be terminated
for any project if the sponsoring city earlier provides
written notice of withdrawal or abandonment of the
project to the urban arterial board or if the city acts to
expend any other funds, exclusive of the required
matching funds, which have heretofore been allocated
or set aside to pay a part of the costs of such project.
After June 30, 1975, no additional urban arterial trust
funds shall be expended for conceptual or feasibility
studies of any project initially authorized prior to June
30, 1969 in a city of over three hundred thousand population, but such limitation shall not apply to the cost
of preparing final plans, specifications and estimates or
other contract documents required to advertise the
project for competitive bids for its construction. [ 1975
1st ex.s. c 267 § 4.]
Chapter 47.36
TRAFFIC CONTROL DEVICES
Sections
47.36.250
Dangerous road conditions requiring special tires, chains
or traction equipment--Signs or devices--Penalty.
47.36.250 Dangerous road conditions requiring special tires, chains or traction equipment--Signs or devices--Penalty. If the highway commission or its
delegate determines at any time for any part of the
public highway system that the unsafe conditions of the
roadway require particular tires, tire chains or traction
equipment in addition to or beyond the ordinary pneumatic rubber tires the commission may establish the
following recommendations or requirements with respect to the use of such equipment for all persons using
such public highway:
(I) Dangerous road conditions, chains, or other approved traction devices recommended.
(2) Dangerous road conditions, chains, or other approved traction devices required.
(3) Dangerous road conditions, chains required.
. Any equipment which may be required by this section shall be approved by the state commission on
equipment as authorized under RCW 46.37.420.
. The highway commission shall place and maintain
s1_gns and ot~er traffic control devices on the public
highways which shall indicate the tire, tire chain or
tract!on equipment recommendation or requirement deter~med und~r this section. Such signs or traffic control
devices shall m no event prohibit the use of studded
tires from ~o:ember I t? April 1, but when the highway comm1ss10n determmes that chains are required
and _that no other traction equipment will suffice, such
requ~rement shall be applicable to all types of tires inc~udmg studded tires. Such signs or traffic control devices may specify different recommendations or
requi~ements for four wheel drive vehicles in gear.
Failure to obey a requirement indicated by a sign or
other traffic control device placed or maintained under
this section shall be a misdemeanor. [1975 lst ex.s. c
255 § l; 1969 ex.s. c 7 § 2.]
Restrictions as to tire equipment, metal studs: RCW 46.37.420.
Scenic And Recreational Highway Act of 1967
Chapter 47.39
SCENIC AND RECREATIONAL HIGHWAY ACT
OF 1967
Sections
47.39.020
Designation of portions of existing highways as part of
system.
47.39.020 Designation of portions of existing highways as part of system. The following portions of highways are designated as part of the scenic and
recreational highway system:
(1) State route number 2, beginning at the crossing of
Woods creek at the east city limits of Monroe, thence in
an easterly direction by way of Stevens pass to a junction with state route number 97 in the vicinity of
Peshastin;
(2) State route number 3, beginning at a junction
with state route number I06 in the vicinity of Belfair,
thence in a northeasterly direction to a junction with
Arsenal Way south of Bremerton; also
Beginning at a junction of Erlands Point Road north
of Bremerton thence northeasterly to a junction with
state route number I04 in the vicinity of Port Gamble;
(3) State route number 8, beginning at a junction
with state route number 12 in the vicinity of Elma,
thence easterly to a junction with state route number
IOI near Tumwater;
(4) State route number IO, beginning at Teanaway
junction, thence easterly to a junction with state route
number 97 west of Ellensburg;
(5) State route number 12, beginning at a junction
with a county road approximately 2.8 miles west of the
crossing of the Wynooche river which is approximately
1.2 miles west of Montesano, thence in an easterly direction to a junction with state route number 8 in the
vicinity of Elma; also
Beginning at the Burlington Northern Railroad
bridge approximately 3.4 miles west of Dixie, thence in
a northerly and easterly direction by way of Dayton,
Dodge, and Pomeroy to a junction with a county road
approximately 2.4 miles west of a junction with state
route number 129 at Clarkston;
(6) State route number 14, beginning at the crossing
of Gibbons creek approximately 0.9 miles east of
Washougal, thence in an easterly direction by way of
Stevenson to a westerly junction with state route number 97 in the vicinity of Maryhill; also
Beginning at the easterly junction with state route
number 97 in the vicinity of Maryhill, thence easterly
along the north bank of the Columbia river to a point
in the vicinity of Plymouth;
(7) State route number 17, beginning at a junction
with state route number 395 in the vicinity of Eltopia,
thence in a northwesterly direction to the south end of
the overcrossing of state route number 90, in the vicinity of Moses Lake; also
Beginning at a junction with Grape Drive in the vicinity of Moses Lake, thence northwesterly and northerly by way of Soap Lake to a junction with state route
number 2 west of Coulee City;
(8) State route number 20, beginning at the Keystone
ferry slip on Whidbey Island, thence easterly and
47.39.020
northerly to a junction with Rhododendron road in the
vicinity east of Coupeville; also
Beginning at a junction with Sherman road in the vicinity west of Coupeville, generally northerly to a junction with Miller road in the vicinity southwest of Oak
Harbor; also
Beginning at a junction with Torpedo road in the vicinity northeast of Oak Harbor, thence northerly by
way of Deception Pass to a junction with state route
number 20 north in the vicinity southeast of Anacortes;
also
Beginning at the crossing of Hanson creek approximately 6.0 miles west of Lyman, thence easterly by way
of Concrete, Marblemount, Diablo Dam, and Twisp to
a junction with state route number 153 southeast of
Twisp; also
Beginning at a junction with state route number 21
approximately three miles east of Republic, thence in
an easterly direction to a junction with state route
number 395 at the west end of the crossing over the
Columbia river at Kettle Falls; also
Beginning at a junction with a county road 2.76 miles
east of the junction with state route number 395 in
Colville, thence in a northeasterly direction to a junction with state route number 31 at Tiger; thence in a
southerly direction to a junction with state route number 2 at Newport;
(9) State route number 21, beginning at the Keller
ferry slip on the north side of Roosevelt lake, thence in
a northerly direction to the crossing of Granite creek
approximately fifty-four miles north of the Keller ferry;
(10) State route number 90, beginning at the
CMSTPP railroad overcrossing approximately 2.3 miles
southeast of North Bend, thence in an easterly direction
by way of Snoqualmie pass to the crossing of the Cle
Elum river approximately 2.6 miles west of Cle Elum;
(11) State route number 97, beginning a:t the crossing
of the Columbia river at Biggs Rapids, thence in a
northerly direction to the westerly junction with state
route number 14 in the vicinity of Maryhill;
(12) State route number IOI, beginning at a junction
with state route number 109 in the vicinity of Queets,
thence in a northerly, northeasterly, and easterly direction by way of Forks to the west boundary of the
Olympic national park in the vicinity of Lake Crescent;
also
Beginning at Sequim Bay state park, thence in a
southeasterly and southerly direction to a junction with
the Airport road north of Shelton; also
Beginning at a junction with state route number 3
south of Shelton, thence in a southerly and southeasterly direction to the west end of the Black Lake road
overcrossing in the vicinity northeast of Tumwater;
(13) State route number 104, beginning at a junction
with state route number 101 in the vicinity south of
Discovery bay, thence in a southeasterly direction to
the vicinity of Shine on Hood Canal; also
Beginning at a junction with state route number 3
east of the Hood Canal crossing, thence northeasterly
to Port Gamble;
(1975 RCW Supp--p 493)
-'7.39.020
Title 47:
Public Highways
(I.+) State route number I05, beginning at a junction
with state route number IOI at Raymond. thence westerl_: and northerly by way of Tokeland and North Cove
to the shore of Grays Harbor north of Westport; also
Beginning at a junction with state route number I05
in the \'icinity south of Westport, thence northeasterly
to a junction with state route number 101 at Aberdeen;
(15) State route number 106, beginning at a junction
with state route number IOI in the vicinity of Union,
thence northeasterly to a junction with state route
number 3 in the vicinity of Belfair;
(16) State route number 109, beginning at a junction
with a county road approximately 3.0 miles northwest
of the junction with state route number 101 in
Hoquiam, thence in a northwesterly direction by way of
Ocean City, Copalis, Pacific Beach, and Moclips to a
junction with state route number IOI in the vicinity of
Queets;
(17) State route number 112, beginning at the easterly
boundary of the Makah Indian reservation, thence in
an easterly direction to the vicinity of Laird's corner on
state route number IOI;
(18) State route number 126, beginning at a junction
with state route number 12 in the vicinity of Dayton,
thence in a northeasterly direction to a junction with
state route number 12 in the vicinity west of Pomeroy;
(19) State route number 153, beginning at a junction
with state route number 97 in the vicinity of Pateros,
thence in a northerly direction to a junction with state
route number 20 in the vicinity south of Twisp;
(20) State route number 155, beginning at a junction
with state route number 2 in the vicinity north of
Coulee City, thence in a northeasterly direction to the
boundary of the federal reservation at the Grand
Coulee dam; also
Beginning at a junction with a county road 2.07 miles
north of the junction with 12th street in Elmer City,
thence in a northwesterly direction to the west end of
the crossing of Omak creek east of Omak;
(21) State route number 206, Mt. Spokane Park
Drive, beginning at a junction with state route number
2 near the north line of section 3, township 26 N, range
43 E, thence northeasterly to a point in section 28,
township 28 N, range 45 E at the entrance to Mt.
Spokane state park;
(22) State route number 395, beginning at a point approximately 2.6 miles north of Pasco thence in a northerly direction to a junction with state route number 17
in the vicinity of Eltopia; also
Beginning at the north end of the crossing of Mill
creek in the vicinity of Colville, thence in a northwesterly direction to a junction with state route number 20
at the west end of the crossing over the Columbia river
at Kettle Falls;
(23) State route number 401, beginning at a junction
with state route number IOI at Point Ellice, thence
easterly and northerly to a junction with state route
number 4 in the vicinity north of Naselle;
(24) State route number 504, beginning at a junction
with state route number 5 in the vicinity north of Castle
Rock, thence in an easterly direction by way of St.
Helens and Spirit lake to Mt. St. Helens;
(1975 RCW Supp---p 494)
(25) State route number 525, beginning at a junction
with Maxwellton road in the southern portion of
Whidbey Island, thence northwesterly to a junction
with state route number 20 east of the Keystone ferry
slip;
(26) State route number 542, beginning at the Nugent
crossing over the Nooksack river approximately 7.7
miles northeast of Bellingham, thence easterly to the vicinity of Austin pass in Whatcom county;
(27) State route number 821, beginning at a junction
with state route number 82 at the Yakima firing center
interchange, thence in a northerly direction to a junction with state route number 82 at the Thrall road interchange. [ 1975 c 63 § 8; 1973 I st ex.s. c 151 § IO; 1971
ex.s. c 73 § 29; 1970 ex.s. c 51 § 177; 1969 ex.s. c 281 §
6; 1967 ex.s. c 85 § 2.]
Chapter 47.42
HIGHWAY ADVERTISING CONTROL ACTSCENIC VISTAS ACT
Sections
47.42.040
47.42.062
47.42.063
47.42.065
47.42.102
47.42.140
Permissible signs classified.
Permissible signs visible from primary system within
commercial and industrial areas-Sign requirements, restrictions and prohibitions.
Permissible signs visible from primary system within
commercial and industrial areas--Preexisting
signs-Permissible signs--Spacing.
Regulations permitting signs for viewing from highways
or streets not part of any system-Requirements.
Compensation for removal of signs-AuthorizedSigns to which applicable.
Scenic areas designated.
47.42.040 Permissible signs classified. It is declared
to be the policy of the state that no signs which are visible from the main traveled way of the interstate system, primary system, or scenic system shall be erected
or maintained except the following types:
(I) Directional or other official signs or notices that
are required or authorized by law;
(2) Signs advertising the sale or lease of the property
upon which they are located;
(3) Signs advertising activities conducted on the
property on which they are located;
(4) Signs, not inconsistent with the policy of this
chapter and the national policy set forth in section 131
of title 23, United States Code as codified and enacted
by Public Law 85-767 and amended only by section
I06, Public Law 86-342, and the national standards
promulgated thereunder by the secretary of commerce
or the secretary of transportation, advertising activities
being conducted at a location within twelve miles of the
point at which such signs are located: Provided, That
no sign lawfully erected pursuant to this subsection adjacent to the interstate system and outside commercial
and industrial areas shall be maintained by any person
after three years from May IO, 1971 ;
(5) Signs, not inconsistent with the policy of this
chapter and the national policy set forth in section 131
of title 23, United States Code as codified and enacted
by Public Law 85-767 and amended only by section
Highway Advertising Control--Scenic Vistas
106, Public Law 86-342, and the regulations promulgated thereunder by the secretary of comf!lerc_e or the
secretary of transportation, designed to give mformation in the specific interest of the traveling public: Provided, That no sign lawfully erected pursuant to this
subsection adjacent to the interstate system and outside
commercial and industrial areas shall be maintained by
any person after three years from May 10, 1971;
(6) Signs lawfully in existence on October 22, 1965,
determined by the commission, subject to the approval
of the United States secretary of transportation, to be
landmark signs, including signs on farm structures or
natural surfaces, of historic or artistic significance the
preservation of which would be consistent with the purposes of chapter 47.42 RCW.
Only signs of type 1, 2 and 3 shall be erected or
maintained within view of the scenic system. [ 1975 1st
ex.s. c 271 § l; 1971ex.s.c62 § 4; 1961 c 96 § 4.]
47 .42.062 Permissible signs visible from primary system within commercial and industrial areas--Sign requirements, restrictions and prohibitions. Signs within six
hundred and sixty feet of the nearest edge of the right
of way which are visible from the main traveled way of
the primary system within commercial and industrial
areas and whose size, lighting, and spacing are consistent with the customary use of property for the effective
display of outdoor advertising as set forth in this section
may be erected and maintained: Provided, That this
section shall not serve to restrict type 3 signs located
along any portion of the primary system within an incorporated city or town or within any commercial or
industrial area.
(1) General: Signs shall not be erected or maintained
which (a) imitate or resemble any official traffic sign,
signal, or device; (b) are erected or maintained upon
trees or painted or drawn upon rocks or other natural
features and which are structurally unsafe or in disrepair; or (c) have any visible moving parts.
(2) Size of signs:
(a) The maximum area for any one sign shall be six
hundred seventy-two square feet with a maximum
height of twenty-five feet and maximum length of fifty
feet inclusive of any border and trim but excluding the
base or apron, supports and other structural members:
Provided, That cut-outs and extensions may add up to
twenty percent of additional sign area.
(b) For the purposes of this subsection, double-faced,
back-to-back, or V-type signs shall be considered as
two signs.
(c) Signs which exceed three hundred twenty-five
square feet in area may not be double-faced (abutting
and facing the same direction).
(3) Spacing of signs:
(a) Signs may not be located in such a manner as to
obscure, or otherwise physically interfere with the effectiveness of an official traffic sign, signal, or device, obstruct or physically interfere with the driver's view of
approaching, merging, or intersecting traffic.
(b) On limited access highways established pursuant
to chapter 47.52 RCW no two signs shall be spaced less
47.42.063
than one thousand feet apart, and no sign may be located within three thousand feet of the center of an interchange, a safety rest area, or information center, or
within one thousand feet of an intersection at grade.
Double-faced signs shall be prohibited. Not more than
a total of five sign structures shall be permitted on both
sides of the highway per mile.
(c) On non con trolled access highways inside the
boundaries of incorporated cities and towns not more
than a total of four sign structures on both sides of the
highway within a space of six hundred sixty feet shall
be permitted with a minimum of one hundred feet between sign structures. In no event, however, shall more
than four sign structures be permitted between platted
intersecting streets or highways. On noncontrolled access highways outside the boundaries of incorporated
cities and towns minimum spacing between sign structures on each side of the highway shall be five hundred
feet.
(d) For the purposes of this subsection, a back-toback sign and a V-type sign shall be considered one
sign structure.
(e) Official signs, and signs advertising activities conducted on the property on which they are located shall
not be considered in determining compliance with the
above spacing requirements. The minimum space between structures shall be measured along the nearest
edge of the pavement between points directly opposite
the signs along each side of the highway and shall apply
to signs located on the same side of the highway.
(4) Lighting: Signs may be illuminated, subject to the
following restrictions:
(a) Signs which contain, include, or are illuminated
by any flashing, intermittent, or moving light or lights
are prohibited, except those giving public service information such as time, date, temperature, weather, or
similar information.
(b) Signs which are not effectively shielded as to prevent beams or rays of light from being directed at any
portion of the traveled ways of the highway and which
are of such intensity or brilliance as to cause glare or to
impair the vision of the driver of any motor vehicle, or
which otherwise interfere with any driver's operation of
a motor vehicle are prohibited.
(c) No sign shall be so illuminated that it interferes
with the effectiveness of, or obscures an official traffic
sign, device, or signal.
(d) All such lighting shall be subject to any other
provisions relating to lighting of signs presently applicable to all highways under the jurisdiction of the state.
[1975 1st ex.s. c 271 § 3; 1974 ex.s. c 154 § 2; 1974 ex.s.
c 138 § 2; 1971 ex.s. c 62 § 7.]
47.42.063 Permissible signs visible from primary system within commercial and industrial areas--Preexisting signs--Permissible signs--Spacing. ( l) Signs
within six hundred and sixty feet of the nearest edge of
the right of way lawfully erected and maintained which
are visible from the main traveled way of the primary
system within commercial and industrial areas on June
1, 1971 shall be permitted to remain and be maintained.
11975 RCW Supp----p 4951
47.42.063
Title 47:
Public Highways
(2) Signs within six hundred and sixty feet of the
nearest edge of the right of way which are visible from
the main traveled way of the primary system within
commercial and industrial areas whose size, lighting,
and spacing are consistent with customary use as set
forth in RCW 47.42.062 may be erected and maintained. Signs lawfully erected and maintained on June
1, 1971 shall be included in the determination of spacing requirements for additional signs. [1975 1st ex.s. c
271 § 4; 1971 ex.s. c 62 § 8.]
47.42.065 Regulations permitting signs for viewing
from highways or streets not part of any system--Requirements. Notwithstanding any other provision of
chapter 47.42 RCW, signs may be erected and maintained more than six hundred and sixty feet from the
nearest edge of the right of way which are visible from
the main traveled way of the interstate system, primary
system, or scenic system when designed and oriented to
be viewed from highways or streets other than the interstate system, primary system, or the scenic system
and the advertising or informative contents of which
may not be clearly comprehended by motorists using
the main traveled way of the interstate system, primary
system or scenic system. [ 1975 1st ex.s. c 271 § 5; 1971
ex.s. c 62 § 9.]
47.42.102 Compensation for removal of signs-Authorized--Signs to which applicable. (1) Except as
otherwise provided in subsection (3) of this section, just
compensation shall be paid upon the removal of any
sign (pursuant to the provisions of chapter 47.42 RCW),
lawfully erected under state law, which is visible from
the main traveled way of the interstate system or the
primary system.
(2) Such compensation shall be paid for the
following:
(a) The taking from the owner of such sign, display,
or device of all right, title, leasehold, and interest in
such sign, display, or device; and
(b) The taking from the owner of the real property on
which the sign, display, or device is located, of the right
to erect and maintain such signs, displays, and devices
thereon.
(3) In no event, however, shall compensation be paid
for the taking or removal of signs adjacent to the interstate system and the scenic system which became subject to removal pursuant to chapter 96, Laws of 1961 as
amended by section 55, chapter 3, Laws of 1963 ex.
sess. prior to May 10, 1971. [ 1975 1st ex.s. c 271 § 2;
1971 ex.s. c 62 § 12.]
47.42.140 Scenic areas designated. The following
portions of state highways are designated as a part of
the scenic system:
(1) State route number 2 beginning at the crossing of
Woods creek at the east city limits of Monroe, thence in
an easterly direction by way of Stevens pass to a junction with state route number 97 in the vicinity of
Pesh as tin.
(2) State route number 7 beginning at a junction with
state route number 706 at Elbe, thence in a northerly
(1975 RCW Supp--p 496)
direction to a junction with state route number 507
south of Spana way.
(3) State route number 11 beginning at the Blanchard
overcrossing, thence in a northerly direction to the limits of Larabee state park (north line of section 36,
township 37 north, range 2 east).
(4) State route number 12 beginning at Kosmos
southeast of Morton, thence in an easterly direction
across White pass to the Oak Flat junction with state
route number 410 northwest of Yakima.
(5) State route number 90 beginning at the westerly
junction with state route number 901, thence in an
easterly direction by way of North Bend and
Snoqualmie pass to a junction with state route number
970 at Cle Elum.
(6) State route number 97 beginning at a junction
with state route number 970 at Virden, thence via
Blewett pass to a junction with state route number 2 in
the vicinity of Peshastin.
(7) State route number 123 beginning at a junction
with state route number 12 at Ohanapecosh junction in
the vicinity west of White pass, thence in a northerly
direction to a junction with state route number 410 at
Cayuse junction in the vicinity west of Chinook pass.
(8) State route number 165 beginning at the northwest entrance to Mount Rainier national park, thence
in a northerly direction to a junction with state route
number 162 east of the town of South Prairie.
(9) State route number 305, beginning at the ferry slip
at Winslow on Bainbridge Island, thence northwesterly
by way of Agate Pass bridge to a junction with state
route number 3 approximately four miles northwest of
Poulsbo.
(10) State route number 410 beginning at the crossing
of Scatter creek approximately six miles east of
Enumclaw, thence in an easterly direction by way of
Chinook pass to a junction of state route number 12
and state route number 410.
(11) State route number 706 beginning at a junction
with state route number 7 at Elbe thence in an easterly
direction to the southwest entrance to Mount Rainier
national park.
(12) State route number 970 beginning at a junction
with state route number 90 in the vicinity of Cle Elum
thence via Teanaway to a junction with state route
number 97 in the vicinity of Virden. [ 1975 c 63 § 9;
1974 ex.s. c 138 § 4. Prior: 1971 ex.s. c 73 § 28; 1971
ex.s. c 62 § 18; 1961 c 96 § 14. Cf. 1974 ex.s. c 154 § 4.]
Chapter 47 .44
FRANCHISES ON STATE HIGHWAYS
Sections
47.44.010
47.44.020
Wire and pipe line and tram and railway franchis~s-­
Application-Notice-Posting and publication.
Grant of franchise---Conditions-Hearing.
47.44.010 Wire and pipe line and tram and railway
franchises--Application--Notice--Posting and
publication. The highway commission or such persons
as it may designate shall have the power to grant franchises to persons, associations, private or municipal
corporations, the United States government or any
State Toll Bridges, Tunnels And Ferries
agency thereof, to use any state highway for the construction and maintenance of water pipes, flume, gas
pipes, telephone, telegraph and electric light and power
lines and conduits, trams or railways, and any structures or facilities which are part of an urban public
transportation system owned or operated by a municipal corporation, agency or department of the state of
Washington other than the highway commission, and
any other such facilities. All applications for such franchise shall be made in writing and subscribed by the
applicant, and shall describe the state highway or portion thereof over which franchise is desired and the nature of the franchise. Upon the filing of any such
applications, a notice of the filing shall be gi¥en in the
county or counties in which any portion of the state
highway upon which such franchise is applied for is located, at the expense of the applicant, by posting written or printed notice in a public place at the county seat
of such county or counties and by publishing a like notice in two successive issues of a newspaper having a
general circulation in such county or counties; which
notice shall state the name or names of the applicant or
applicants, and a description of the state highway or
part thereof over which the franchise is applied for. It
shall be the duty of the county auditor of the respective
counties to cause such notices to be posted and published upon receipt and to file proof of such posting and
publication with the highway commission.
Sufficient copies of the notice required by this section
shall be sent directly to the county auditor of the respective counties. [1975 1st ex.s. c 46 § l; 1967 c 108 §
7; 1963 c 70 § l; 1961 ex.s. c 21 § 26; 1961 c 13 § 47.44.010. Prior: 1943 c 265 § 2; 1937 c 53 § 83; Rem.
Supp. 1943 § 6400--83.]
Urban public transportation system defined: RCW 47.04.082.
47.44.020 Grant of franchise--Conditions-Hearing. When fourteen days have elapsed after the
notice has been posted and published as required in
RCW 47.44.010 as now or hereaftet amended and if the
highway commission or such persons as it may designate deems it to be for the public interest, the franchise
may be granted in whole or in part, with or without
hearing under such regulations and conditions as the
commission may prescribe, with or without compensation, but not in excess of the reasonable cost for investigating, handling and granting the franchise. The
commission or such persons as it may designate may
require that the utility and appurtenances be so placed
on the highway that they will, in its opinion, least interfere with other uses of the highway.
If a hearing is held, it shall be conducted by the
commission or such persons as it may designate, and
may be adjourned from time to time until completed.
The applicant may be required to produce all facts pertaining to the franchise, and evidence may be taken for
and against granting it.
The facility shall be made subject to removal when
necessary for the construction, alteration, repair, or improvement of the highway and at the expense of the
franchise holder, except that the state shall pay the cost
of such removal whenever the state shall be entitled to
47.56.725
receive proportionate reimbursement therefor from the
United States in the cases and in the manner set forth
in RCW 47.44.030. Renewal upon expiration of a franchise shall be by application and notice posted and
published, and a hearing may or may not be conducted
in the same manner as an original application. A person
constructing or operating such a utility on a state highway is liable to any person injured thereby for any
damages incident to the work of installation or the
continuation of the occupancy of the highway by the
utility, and except as provided above, is liable to the
state for all necessary expenses incurred in restoring the
highway to a permanent suitable condition for travel.
No franchise shall be granted for a longer period than
fifty years, and no exclusive franchise or privilege shall
be granted. [1975 1st ex.s. c 46 § 2; 1961 c 13 § 47.44.020. Prior: 1959 c 330 § 1; 1937 c 53 § 84; RRS §
6400--84.]
Chapter 47.56
STATE TOLL BRIDGES, TUNNELS AND FERRIES
Sections
47.56.725
Ferry systems operated by Pierce, Skagit, and Whatcom
counties-Deficit reimbursements.
47.56.725 Ferry systems operated by Pierce, Skagit,
and Whatcom counties-Deficit reimbursements. ( 1)
The Washington state highway commission is hereby
authorized to enter into a continuing agreement with
Pierce, Skagit, and Whatcom counties pursuant to
which the state highway commission shall pay to each
of the counties from moneys appropriated for such purpose the amounts authorized in subsection (2) of this
section.
(2) The Washington state highway commission is authorized to include in the continuing agreement a provision to reimburse Pierce, Skagit, and Whatcom
counties each for fifty percent of the deficit incurred
during each previous fiscal year in the operation and
maintenance of the ferry systems owned and operated
by such counties, commencing with the fiscal year ending June 30, 1976: Provided, That the tolls of each
county ferry system existing as of May 6, 1975 shall not
be decreased.
(3) The annual fiscal year deficit, if any, shall be determined by Pierce, Skagit, and Whatcom counties subject to review and approval of the Washington state
highway commission. The annual fiscal year deficit is
defined as the total of operations and maintenance expenditures less the sum of ferry toll revenues and that
portion of fuel tax revenue distributions which are attributable to the county ferry as determined by the
Washington state highway commission. Payments of the
amounts authorized by subsection (2) of this section
shall be made by the Washington state highway commission upon the receipt of properly executed vouchers
from each county. [1975 1st ex.s. c 21 § l.]
Appropriation-1975 1st ex.s. c 21: "There is hereby appropriated
from the counties share of the motor vehicle fund to the Washington
state highway commission for the biennium ending June 30, 1977, the
sum of one hundred twenty thousand dollars or so much thereof as
[1975 RCW Supp--p 497)
~7.56.725
Title 47:
Public Highways
may be necessary to carry out the provisions of •section I of this 1975
amendator; act." f1975 !st ex.s. c 21 § 5.J
*Reviser's note: "section I of this 1975 amendatory act" (1975 1st
ex.s. c 21] is RCW 47.56.725.
Chapter 47 .64
\lARI'.'IE E'.\1PLOYEES-PUBLIC
EMPLOYMENT RELATIONS
(FORMERLY: MARINE EMPLOYEE
COMMISSION)
Sections
47.64.010
47.64.020
47.64.030
47.64.040
Definitions.
Repealed.
Duties of commission in general.
Adjudication of labor disputes-HearingsSubpoenas.
47.64.010 Definitions. Words and phrases used in
this chapter shall have the meaning in this chapter ascribed to them except where, from the context thereof,
they shall clearly have a contrary meaning:
(I) "Washington toll bridge authority" and "authority," "toll bridge authority" shall be used herein interchangeably and shall mean the Washington toll bridge
authority as now, or as hereafter constituted by law, or
such board, commission, authority, or officers as shall
succeed to its duties;
(2) "Commission" means public employment relations commission;
(3) "Ferry" shall mean any ferry, ferry system,
wharves, terminals constructed or acquired under the
authority of the Washington toll bridge authority;
(4) "Employee'' shall mean any person employed
aboard ferries, wharves, or terminals acquired or constructed under the authority of the Washington toll
bridge authority. [1975 !st ex.s. c 296 § 33; 1961 c 13 §
47.64.010. Prior: 1949 c 148 § 2; Rem. Supp. 1949 §
6524-23.]
Effective date--1975 2nd ex.s. c 5: See RCW 41.58.901.
For powers and duties of commission, see chapter 41.58 RCW.
47.64.020 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
wages, hours and working conditions as it deems necessary, shall consider the prevailing practices for similarly
skilled trades in the area in which the employee is employed. The commission shall adjust complaints, grievances and disputes concerning labor arising out of the
operation of the ferry or ferry system. [ 1975 I st ex.s. c
296 § 34; 1961 c 13 § 47.64.030. Prior: 1953 c 211 § 2:
1949 c 148 § 3, part; Rem. Supp. 1949 § 6524-24, part.]
Effective date--1975 2nd ex.s. c 5: See RCW 41.58.901.
47.64.040 Adjudication of labor disputes--Hearings--Subpoenas. Any employee, employee's representative, or Washington toll bridge authority claiming
labor disputes shall in writing notify the commission
who shall make careful inquiry into the cause thereof
and issue an order in writing advising the employee, or
his representative, and the authority as to the decision
of the commission.
The parties shall be entitled to offer evidence relating
to disputes at all hearings conducted by the commission. All evidence, statements and testimony in any
commission hearing under this chapter shall be transcribed and preserved by the commission and be available as a public record. The orders and awards of the
commission shall be final and binding upon any employee or employees or their representatives affected
thereby and upon the Washington toll bridge authority.
The commission shall by regulation prescribe its rules
of procedure.
The commission shall have the authority to subpoena
any employee or employees, or their representatives,
and any member or representative of the Washington
toll bridge authority, and any witnesses. The commission shall have power to require attendance of witnesses
and the production of all pertinent records at any hearings held by the commission. The subpoenas of the
commission shall be enforceable by order of any superior court in the state of Washington for the county
within which such proceedings may be pending. [1975
I st ex.s. c 296 § 35; 1961 c 13 § 47.64.040. Prior: 1949 c
148 § 3, part; Rem. Supp. 1949 § 6524--24, part.]
Effective date--1975 2nd ex.s. c 5: See RCW 41.58.901.
47.64.030
Duties of commission in general. The au-
thority is empowered to negotiate and to enter into labor agreements with its employees or their
representatives, including provisions for health and welfare benefits for its employees to be financed either
wholly or in part by contributions from the operating
fund. The commission shall have the authority to administer labor relations and to adjudicate all labor disputes on the best interests of the efficient operation of
any ferry or ferry system. In adjudicating disputes, the
commission shall take into consideration that though an
individual employee shall be free to decline to associate
with his fellow employees, it is necessary that he have
full freedom of association, self-organization and designation of representatives of his own choosing who shall
represent him in all respects before the authority to negotiate the terms and conditions of his employment and
before the commission for the settlement of his labor
disputes. The commission shall make such surveys of
(1975 RCW Supp--p 498)
Title 48
INSURANCE
Chapters
48.01 Initial provisions.
48.05 lnsurers--General requirements.
48.07 Domestic insurers--Powers.
48.10 Reciprocal insurers.
48.13 Investments.
48.15 Unauthorized insurers.
48.17 Agents, brokers, solicitors, and adjusters.
48.20 Disability insurance.
48.21 Group and blanket disability insurance.
48.24 Group life and annuities.
48.32A Washington life and disability insurance guaranty association act.
48.10.070
Reciprocal Insurers
48.34
48.44
48.46
Credit life insurance and credit accident and
health insurance.
Health care services.
Health maintenance organizations.
Chapter 48.0 I
INITIAL PROVISIONS
Sections
48.01.010
Short title.
48.01.010 Short title. Title 48 RCW constitutes the
insurance code. [1975 lst ex.s. c 266 § 2; 1947 c 79 §
.Ol.Ol; Rem. Supp. 1947 § 45.0l.Ol.]
Severability-1975 1st ex.s. c 266: See note following RCW
31.08.175.
Chapter 48.05
INSURERS-GENERAL REQUIREMENTS
Sections
48.05.185
Fine in addition or in lieu of suspension, revocation or
refusal.
48.05.185 Fine in addition or in lieu of suspension,
revocation or refusal. After hearing or with the consent
of the insurer and in addition to or in lieu of the suspension, revocation, or refusal to renew any certificate
of authority the commissioner may levy a fine upon the
insurer in an amount not less than two hundred fifty
dollars and not more than five thousand dollars. The
order levying such fine shall specify the period within
which the fine shall be fully paid and which period shall
not be less than fifteen nor more than thirty days from
the date of such order. Upon failure to pay any such
fine when due the commissioner shall revoke the certificate of authority of the insurer if not already revoked,
and the fine shall be recovered in a civil action brought
in behalf of the commissioner by the attorney general.
Any fine so collected shall be paid by the commissioner
to the state treasurer for the account of the general
fund. [1975 lst ex.s. c 266 § 3; 1965 ex.s. c 70 § 3.]
Severability-1975 1st ex.s. c 266: See note following RCW
31.08.175.
Chapter 48.07
DOMESTIC INSURERS-POWERS
Sections
48.07.090
Management, control and exclusive agency contracts.
48.07.090 Management, control and exclusive agency
contracts. (l) No incorporated domestic insurer shall
make any contract whereby any person is granted or is
to enjoy in fact the control and management of the insurer, or control of underwriting, investment, loss adjustments, production, or other major function of the
insurer, all to the material exclusion of its board of directors, or the controlling or preemptive right to
produce substantially all insurance business for the insurer, or, if an officer, director, or otherwise part of the
insurer's management, is directly or indirectly to receive
any commission, bonus, or compensation based upon
the volume of the insurer's business or transactions unless such contract has been filed with and approved by
the commissioner. The contract shall be deemed approved unless disapproved by the commissioner within
thirty days after date of filing. Any disapproval shall be
delivered to the insurer in writing, stating the reasons
therefor.
(2) Any such contract hereafter made shall provide
that any such manager, producer of its business, or
contract holder shall within ninety days after expiration
of each calendar year thereunder furnish the insurer's
board of directors a written statement of amounts received under or on account of the contract and
amounts expended thereunder during such calendar
year, with specification of the compensation and emoluments received therefrom by the respective directors,
officers, and other principal management personnel of
the insurer, or manager, or producer, or contract holder
with such classification of items and further detail as
the insurer's board of directors may reasonably require.
(3) The commissioner shall not approve any contract
referred to in subsection (l) which:
(a) Subjects the insurer to excessive charges for expenses or commissions; or
(b) does not contain fair and adequate standards of
performance; or
(c) is to extend for an unreasonable length of time; or
(d) provides for commission, bonus, or compensation
without reasonable relationship to the insurer's current
expense, net growth, and net gain in surplus factors, or
without reasonable limitation of the amount of money
to be received as such commission, bonus, or compensation with respect to the insurer's business in any one
calendar year; or
(e) contains other inequitable provision or provisions
which may jeopardize the security of policyholders or
the reasonable interests of stockholders.
(4) The commissioner may, after a hearing held
thereon, withdraw his approval of any such contract
theretofore permitted to become effective, if he finds
that any basis of his original approval of, or failure to
disapprove, the contract no longer exists, or that the
contract has, in actual operation, shown itself to be
subject to disapproval on any of the grounds referred to
in subsection (3) of this section. [ 1975 l st ex.s. c 266 §
4; 1953 c 197 § 3; 1947 c 79 § .07.09; Rem. Supp. 1947
§ 45.07.09.]
Severability--1975 1st ex.s. c 266: See note following RCW
31.08.175.
Chapter 48.10
RECIPROCAL INSURERS
Sections
48.10.070
Surplus funds required.
48.10.070 Surplus funds required. (l) A domestic reciprocal insurer hereafter formed, if it has otherwise
complied with the provisions of this code, may be authorized to transact insurance if it deposits and maintains on deposit with the commissioner surplus funds in
(1975 RCW Supp----p 4991
Title 48:
48.10.070
the minimum amount of three hundred thousand
dollars.
(2) ..\ domestic reciprocal insurer may be authorized
to transact other kinds of insurance in addition to that
for which it was originally authorized, if it has other\\ise complied with the provisions of this code therefor
and possesses and maintains surplus funds equal to the
paid-in capital stock required under RCW 48.05.340 of
a stock insurer transacting like kinds of insurance, and
the special surplus, if any, required under RCW 48.05.360 as to such a stock insurer. The minimum deposit
held by the commissioner shall constitute part of the
surplus funds so otherwise required. The insurer need
not deposit such additional surplus funds with the commissioner: Provided, That a domestic reciprocal insurer
which under prior laws held authority to transact insurance in this state may continue to be so authorized so
long as it otherwise qualifies therefor and maintains
surplus funds in amount not less than as required under
laws of this state in force at the time such authority to
transact insurance in this state was granted.
(3) A domestic reciprocal insurer heretofore formed
shall maintain on deposit with the commissioner surplus
funds of not less than the sum of one hundred thousand
dollars, and to transact kinds of insurance transacted
by it in addition to that authorized by its original certificate of authority, shall have and maintain surplus
(including the amount of such deposit) in amount not
less than the paid-in capital stock required under RCW
48.05.340( l) plus special surplus, if any, required under
RCW 48.05.360, of a domestic stock insurer formed after 1967 and transacting the same kinds of insurance.
Such additional surplus funds need not be deposited
with the commissioner. [1975 !st ex.s. c 266 § 5; 1963 c
195 § 5; 1947 c 79 § .10.07: Rem. Supp. 1947 §
45.10.07.]
Severability--1975 1st ex.s. c 266: See note following RCW
Insurance
acquired pursuant to RCW 48.13.160 as amended in
*section 7 of this 1969 amendatory act.
(3) Bonds or notes secured by mortgage or trust deed
guaranteed or insured by the Federal Housing Administration under the terms of an act of congress of the
United States of June 27, 1934, entitled the "National
Housing Act," as amended.
(4) Bonds or notes secured by mortgage or trust deed
guaranteed or insured as to principal in whole or in part
by the Administrator of Veterans' Affairs pursuant to
the provisions of Title III of an act of congress of the
United States of June 22, 1944, entitled the "Servicemen's Readjustment Act of 1944," as amended.
(5) Evidences of debt secured by first mortgages or
deeds of trust upon leasehold estates, except agricultural leaseholds executed pursuant to RCW 79.01.096,
running for a term of not less than fifteen years beyond
the maturity of the loan as made or as extended, in improved real property, otherwise unencumbered, and if
the mortgagee is entitled to be subrogated to all the
rights under the leasehold.
(6) Evidences of debt secured by first mortgages or
deeds of trust upon agricultural leasehold estates executed pursuant to RCW 79.01.096, otherwise unencumbered, and if the mortgagee is entitled to be subrogated
to all the rights under the leasehold. [ 1975 1st ex.s. c
154 §I; 1969 ex.s. c 241 § 4; 1947 c 79 § .13.11; Rem.
Supp. 1947 § 45.13.11.]
*Reviser's note: "section 7 of this 1969 amendatory act" refers to
section 7 of chapter 241, Laws of 1969 ex.s., which amended RCW
48.13.160.
Chapter 48.15
UNAUTHORIZED INSURERS
Sections
48.15.090
Solvent insurer required.
31.08.175.
Chapter 48.13
INVESTMENTS
Sections
48.13. I IO
Mortgages, deeds of trust, mortgage bonds, notes,
contracts.
48.13.110 Mortgages, deeds of trust, mortgage bonds,
notes, contracts. An insurer may invest any of its funds
m:
( 1)(a) Bonds or evidences of debt which are secured
by first mortgages or deeds of trust on improved unencumbered real property located in the United States;
(b) Chattel mortgages in connection therewith pursuant to RCW 48.13.150;
(c) The equity of the seller of any such property in
the contract for a deed, covering the entire balance due
on a bona fide sale of such property, in amount not to
exceed ten thousand dollars or the amount permissible
under RCW 48.13.030, whichever is greater, in any one
such contract for deed.
(2) Purchase money mortgages or like securities received by it upon the sale or exchange of real property
11975 RCW Supp---p 5001
48.15.090 Solvent insurer required. (1) A surplus line
broker shall not knowingly place surplus line insurance
with insurers unsound financially. The broker shall ascertain the financial condition of the unauthorized insurer before placing insurance therewith. The broker
shall not so insure with any insurer having less capital
and surplus or combined capital funds than the minimum amounts required for an admitted multiple line
insurer in accordance with RCW 48.05.340 as now or
hereafter amended, unless there is on file with the commissioner a copy of a trust agreement, certified by the
trustee, evidencing a subsisting trust deposit of not less
than a like amount by such insurer with a bank or trust
company in the United States, and which deposit is
held for the protection of United States policyholders.
The commissioner may, by rule and regulation, prescribe the terms under which the foregoing financial requirements may be waived in circumstances where
insurance cannot be otherwise procured on risks located
in this state.
(2) For any violation of this section the broker shall
be fined not less than twenty-five dollars or more than
two hundred and fifty dollars, his surplus line broker's
license shall be revoked, and the broker may not again
48.20.052
Disability Insurance
be so licensed within a period of two years thereafter.
[1975 !st ex.s. c 266 § 6; 1969 ex.s. c 241 § IO; 1955 c
303 § 5; 1947 c 79 § .15.09; Rem. Supp. 1947 §
45.15.09.]
Severability-1975 1st ex.s. c 266: See note following RCW
31.08.175.
Chapter 48.17
AGENTS, BROKERS, SOLICITORS, AND
ADJUSTERS
Sections
48.17.060
48.17.560
License required-Exceptions-Penalty.
Fines may be imposed.
48.17 .060 License required--Exceptions--Penalty. (I) No person shall in this state act as or hold
himself out to be an agent, broker, solicitor, or adjuster
unless then licensed therefor by this state.
(2) No agent, solicitor, or broker shall solicit or take
applications for, procure, or place for others any kind
of insurance for which he is not then licensed.
(3) This section shall not apply with respect to any
person securing and forwarding information required
for the purposes of group credit life and credit disability
insurance in connection with an extension of credit and
such other credit life or disability insurance lines as the
commissioner shall determine, and where no commission or other compensation is payable on account of the
securing and forwarding of such information: Provided,
That the reimbursement of a creditor's actual expenses
for securing and forwarding information required for
the purposes of such group insurance shall not be considered a commission or other compensation if such reimbursement does not exceed three dollars per
certificate issued, or in the case of a monthly premium
plan extending beyond twelve months, not to exceed
three dollars per loan transaction revision per year.
(4) Any person violating this section shall be liable to
a fine of not to exceed five hundred dollars and imprisonment for not to exceed six months for each instance
of such violation. [1975 !st ex.s. c 266 § 7; 1955 c 303 §
9; 1947 c 79 § .17.06; Rem. Supp. 1947 § 45.17.06.]
Severability-1975 1st ex.s. c 266: See note following RCW
31.08.175.
48.17.560 Fines may be imposed. After hearing or
upon stipulation by the licensee and in addition to or in
lieu of the suspension, revo<;ation, or refusal to renew
any such license, the commissioner may levy a fine
upon the licensee for each offense in amount not less
than fifty dollars and not more than five hundred dollars, but in no case more than a total of one thousand
dollars. The order levying such fine shall specify the
period within which the fine shall be fully paid, and
which period shall be not less than fifteen nor more
than thirty days from the date of the order. Upon failure to pay any such fine when due, the commissioner
shall revoke the licenses of the licensee if not already
revoked, and the fine shall be recovered in a civil action
brought in behalf of the commissioner by the attorney
general. Any fine so collected shall be paid by the commissioner to the state treasurer for the account of the
general fund. [1975 !st ex.s. c 266 § 8; 1967 c 150 § 25;
1947 c 79 § .17.56; Rem. Supp. 1947 § 45.17.56.]
Severability--1975 1st ex.s. c 266: See note following RCW
31.08.175.
Chapter 48.20
DISABILITY INSURANCE
Sections
48.20.015
48.20.052
48.20.450
48.20.460
48.20.470
48.20.480
Endorsements.
Standard provision No. 2-Time limit on certain
defenses.
Standardization and simplification of terms and coverages-Establishment-Categories of coverage-Definitions.
Standardization and simplification of terms and coverages-Minimum standards for benefits and
coverages.
Standardization and simplification of terms and coverages-Outline of coverage to be furnishedContents.
Standardization and simplification of terms and coverages--Use of simplified application form-Coverage of loss from preexisting health condition.
48.20.015 Endorsements. If a contract is issued on
any basis other than as applied for, an endorsement
setting forth such modification(s) must accompany and
be attached to the policy; and no endorsement shall be
effective unless signed by the policyowner, and a signed
copy thereof returned to the insurer. [ 1975 1st ex.s. c
266 § 9.]
Severability--1975 1st ex.s. c 266: See note following RCW
31.08.175.
48.20.052 Standard provision No. 2-Time limit on
certain defenses. There shall be a provision as follows:
"TIME LIMIT ON CERTAIN DEFENSES: (a) After two years from the date of issue of
this policy no misstatements except fraudulent
misstatements, made by the applicant in the application for such policy shall be used to void the
policy or to deny a claim for loss incurred or disability (as defined in the policy) commencing after
the expiration of such two year period."
(The foregoing policy provision shall not be so construed as to affect any legal requirement for avoidance
of a policy or denial of a claim during such initial two
year period, nor to limit the application of RCW 48.20.172, 48.20.182, 48.20.192, 48.20.202, and 48.20.212 in
the event of misstatement with respect to age or occupation or other insurance.)
(A policy which the insured has the right to continue
in force subject to its terms by the timely payment of
premium (1) until at least age 50 or, (2) in the case of a
policy issued after age 44, for at least five years from its
date of issue, may contain in lieu of the foregoing the
following provision (from which the clause in parentheses may be omitted at the insurer's option) under the
caption "INCONTESTABLE":
"After this policy has been in force for a period of
two years during the lifetime of the insured (excluding
any period during which the insured is disabled), it shall
[1975 RCW Supp--p SOI)
48.20.052
Title 48:
become incontestable as to the statements contained in
the application.")
"(b) No claim for loss incurred or disability (as defined in the policy) commencing after two
years from the date of issue of this policy shall be
reduced or denied on the ground that a disease or
physical condition not excluded from coverage by
name or specific description effective on the date of
loss had existed prior to the effective date of coverage of this policy."
(More stringent provisions may be required by the
commissioner in connection with individual disability
policies sold without any application or with minimal
applications.) [1975 1st ex.s. c 266 § 12; 1973 1st ex.s. c
152 § 4; 1969 ex.s. c 241 § 12; 1951 c 229 § 6.]
Severability--1975 1st ex.s. c 266: See note following RCW
31.08.175.
Severability--1973 1st ex.s. c 152: See note following RCW
48.05.140.
48.20.450 Standardization and simplification of terms
and coverages--Establishment--Categories of coverage-Definitions. The commissioner shall issue regulations to establish specific standards, including
standards of full and fair disclosure. that set forth the
manner, content, and required disclosure for the sale of
individual policies of disability insurance which shall be
in addition to and in accordance with applicable laws
of this state, including RCW 48.20.032, which may cover but shall not be limited to:
(1) Terms of renewability;
(2) Initial and subsequent conditions of eligibility;
(3) Nonduplication of coverage provisions;
(4) Coverage of dependents;
(5) Preexisting conditions;
(6) Termination of insurance;
(7) Probationary periods;
(8) Limitations;
(9) Exceptions;
(10) Reductions;
(11) Elimination periods;
(12) Requirements for replacement;
(13) Recurrent conditions; and
(14) The definition of terms including but not limited
to the following: Hospital, accident, sickness, injury,
physician, accidental means, total disability, partial disability, nervous disorder, guaranteed renewable, and
noncancellable. [1975 1st ex.s. c 266 § 16.]
Purpose--1975 1st ex.s. c 266: "The purpose of •sections 14
through 18 of this 1975 amendatory act is to provide reasonable standardization and simplification of terms and coverages of individual
disability insurance policies to facilitate public understanding and
comparison, to _elimin_ate provisions contained in individual disability
msurance pohc1es which may be misleading or unreasonably confusing in connection either with the purchase of such coverages or with
the settlement of claims, and to provide for full disclosure in the sale
of disability coverages." [1975 !st ex.s. c 266 § 15.]
*Reviser's note: During the course of passage of 1975 !st ex.s. c 266
[Substitu_te House Bill No. 198], the section numbering was changed,
but the mternal references were not changed accordingly. Thus the
reference "sections 14 through 18 of this 1975 amendatory act" appears to be erroneous. What was apparently intended was "sections
15 through 19", codified herein as this section and RCW 48.20.450
through 48.20.480.
(1975 RCW Supp--p 5021
Insurance
Severability--1975 1st ex.s. c 266: See note following RCW
31.08.175.
48.20.460 Standardization and simplification of terms
and coverages--Minimum standards for benefits and
coverages. (1) The commissioner shall issue regulations
to establish minimum standards for benefits under each
of the following categories of coverage in individual
policies, other than conversion policies issued pursuant
to a contractual conversion privilege under a group
policy, of disability insurance:
(a) Basic hospital expense coverage;
(b) Basic medical-surgical expense coverage;
(c) Hospital confinement indemnity coverage;
(d) Major medical expense coverage;
(e) Disability income protection coverage;
(f) Accident only coverage; and
(g) Specified disease or specified accident coverage.
(2) Nothing in this section shall preclude the issuance
of any policy which combines two or more of the categories of coverage enumerated in items (a) through (f)
of subsection (1) of this section.
(3) No policy shall be delivered or issued for delivery
in this state which does not meet the prescribed minimum standards for the categories of coverage listed in
items (a) through (g) of subsection (I) of this section,
unless the commissioner finds such policy will be in the
public interest and such policy meets the requirements
set forth in RCW 48.18.110.
(4) The commissioner shall prescribe the method of
identification of policies based upon coverages provided. [1975 1st ex.s. c 266 § 17.]
Severability--1975 1st ex.s. c 266: See note following RCW
31.08.175.
48.20.470 Standardization and simplification of terms
and coverages--Outline of coverage to be fur~is~ed--Contents. (1) No policy of individual disabilit)'. msurance shall be delivered or issued for delivery in
this state unless an outline of coverage described in
subse~tion (2) of ~his section is furnished to the applicant i~ ~ccord with such rules or regulations as the
commissioner shall prescribe.
(2) The commissioner shall prescribe the format and
c.ontent of th~ outline of coverage required by subsection (1) of this section. "Format" means style, arrangement,. and overall appearance, including such items as
the size, color, and prominence of type and the arrangement of text and captions. Such outline of coverage shall include:
(a) A. statement identifying the applicable category or
cat~gon~s of c<?verage provided by the policy as prescn bed m *section 15 of this 197 5 act;
(b) A description of the principal benefits and coverage provided in the policy;
. (~) ~ statement of the exceptions, reductions and
hm1tat1ons contained in the policy;
(d) A statement of the renewal provisions including
a~y reservation by the insurer of a right to change premrnms; and
(~) ~ statement th~t the outline is a summary of the
pohcy issued or apphed for and that the policy should
Group And Blanket Disability Insurance
be consulted to determine governing contractual provisions. [1975 lst ex.s. c 266 § 18.]
*Reviser's note: During the course of passage of 1975 I st ex.s. c 266
[Substitute House Bill No. 198], the section numbering was changed,
but the internal references were not changed accordingly. Thus the
reference to "section 15 of this 1975 act" appears to be erroneous.
What was apparently intended was "section 16", codified herein as
RCW 48.20.450.
Severability-1975 1st ex.s. c 266: See note following RCW
31.08.175.
48.20.480 Standardization and simplification of terms
and coverages--Use of simplified application form-Coverage of loss from preexisting health condition. Notwithstanding the provisions of RCW 48.20.052, if an insurer elects to use a simplified application form, with or
without a question as to the applicant's health at the
time of application, but without any questions concerning the insured's health history or medical treatment
history, the policy must cover any loss occurring after
twelve months from any preexisting condition not specifically excluded from coverage by terms of the policy,
and, except as so provided, the policy shall not include
wording that would permit a defense based upon preexisting conditions. [1975 1st ex.s. c 266 § 19.]
Severability-1975 1st ex.s. c 266: See note following RCW
31.08.175.
Chapter 48.21
GROUP AND BLANKET DISABILITY INSURANCE
Sections
48.21.075
48.21.190
48.21.200
Payment of premiums by employee in event of suspension of compensation due to labor dispute.
Alcoholism treatment benefits-RCW 48.21.160-48.21.190, 48.44.240 inapplicable, when.
Reduction or refusal of benefits on basis of other existing coverages.
48.21.075 Payment of premiums by employee in
event of suspension of compensation due to labor dispute.
Any employee whose compensation includes group disability or blanket disability insurance providing health
care services, the premiums for which are paid in full or
in part by an employer including the state of
Washington, its political subdivisions, or municipal corporations, or paid by payroll deduction, may pay the
premiums as they become due directly to the policyholder whenever the employee's compensation is suspended or terminated directly or indirectly as the result
of a strike, lockout, or other labor dispute, for a period
not exceeding six months and at the rate and coverages
as the policy provides. During that period of time the
policy may not be altered or changed. Nothing in this
section shall be deemed to impair the right of the insurer to make normal decreases or increases of the premium rate upon expiration and renewal of the policy, in
accordance with the provisions of the policy. Thereafter, if such insurance coverage is no longer available,
then the employee shall be given the opportunity to
purchase an individual policy at a rate consistent with
rates filed by the insurer with the commissioner. When
the employee's compensation is so suspended or terminated, the employee shall be notified immediately by
48.21.200
the policyholder in wntmg, by mail addressed to the
address last on record with the policyholder, that the
employee may pay the premiums to the policyholder as
they become due as provided in this section.
Payment of the premiums must be made when due or
the insurance coverage may be terminated by the
msurer.
The provisions of any insurance policy contrary to
provisions of this section are void and unenforceable
after May 29, 1975. [1975 lst ex.s. c 117 § I.]
Severability--1975 1st ex.s. c 117: "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 is not affected." [1975 !st ex.s. c 117 § 4.]
48.21.190 Alcoholism treatment benefits--RCW
48.21.160-48.21.190, 48.44.240 inapplicable, when. RCW
48.21.160 through 48.21.190 and 48.44.240 as now or
hereafter amended shall not apply to the renewal of a
contract in force prior to the pertinent date provided
for such contract under RCW 48.21.160 through 48.21.190 and 48.44.240 as now or hereafter amended where
there exists a right of renewal on the part of the insured
or subscriber without any change in any provision of
the contract: Provided further, That RCW 48.21.160
through 48.21.190 and 48.44.240 as now or hereafter
amended shall not apply to contracts which provide
only accident coverage, nor to any contract written as
supplemental coverage to any federal or state programs
of health care including, but not limited to, Title XVIII
health insurance for the aged (commonly referred to as
Medicare, Parts A and B), and amendments thereto.
[1975 1st ex.s. c 266 § 10; 1974 ex.s. c 119 § 5.]
Severability--1975 1st ex.s. c 266: See note following RCW
31.08.175.
48.21.200 Reduction or refusal of benefits on basis of
other existing coverages. (I) No group disability insurance policy which provides benefits for hospital, medical, or surgical expenses shall be delivered or issued for
delivery in this state after September 8, 1975 which
contains any provision whereby the insurer may reduce
or refuse to pay such benefits otherwise payable thereunder solely on account of the existence of similar benefits provided under any individual disability insurance
policy, or under any individual health care service
contract.
(2) No group disability insurance policy providing
hospital, medical or surgical expense benefits and which
contains a provision for the reduction of benefits otherwise payable thereunder on the basis of other existing
coverages, shall provide that such reduction will operate
to reduce total benefits payable below an amount equal
to one hundred percent of total allowable expenses. The
commissioner shall by rule establish guidelines for the
application of this section, including: (a) The procedures by which persons insured under such policies are
to be made aware of the existence of such a provision;
(b) the benefits which may be subject to such a provision; (c) the effect of such a provision on the benefits
provided; (d) establishment of the order of benefit determination; and (e) reasonable claim administration
[1975 RCW Supp--p 5031
Title 48:
48.21.200
procedures to expedite claim payments under such a
prov1s10n.
(3) The provisions of this section shall apply to health
care service contractor contracts. [1975 !st ex.s. c 266 §
20.]
Se\'erability-1975 1st ex.s. c 266: See note following RCW
31.08.175.
Chapter 48.24
GROUP LIFE AND ANNUITIES
Sections
48.24.025
48.24.030
Payment of premium by employee in event of suspension of compensation due to labor dispute.
Dependents of employees or members of certain groups.
48.24.025 Payment of premium by employee in event
of suspension of compensation due to labor dispute. Any
employee whose compensation includes group life insurance, the premiums for which are paid in full or in
part by an employer including the state of Washington,
its political subdivisions, or municipal corporations, or
paid by payroll deduction, may pay the premiums as
they become due directly to the policyholder whenever
the employee's compensation is suspended or terminated directly or indirectly as the result of a strike, lockout, or other labor dispute, for a period not exceeding
six months and at the rate and coverages as the policy
provides. During that period of time the policy may not
be altered or changed. Nothing in this section shall be
deemed to impair the right of the insurer to make normal decreases or increases of the premium rate upon
expiration and renewal of the policy, in accordance
with the provisions of the policy. Thereafter, if such insurance coverage is no longer available, then the employee shall be given the opportu11ity to purchase an
individual policy at a rate consistent with rates filed by
the insurer with the commissioner. When the employee's compensation is so suspended or terminated, the
employee shall be notified immediately by the policyholder in writing, by mail addressed to the address last
on record with the policyholder, that the employee may
pay the premiums to the policyholder as they become
due as provided in this section.
Payment of the premiums must be made when due or
the insurance coverage may be terminated by the
insurer.
The provisions of any insurance policy contrary to
provisions of this section are void and unenforceable
after May 29, 1975. [ 1975 !st ex.s. c 117 § 2.]
Severability--1975 1st ex.s. c 117: See note following RCW
48.21.075.
48.24.030 Dependents of employees or members of
certain groups. ( 1) Insurance under any group life insurance policy issued pursuant to RCW 48.24.020, or
48.24.050, or 48.24.060, or 48.24.070 or 48.24.090 may,
if seventy-five percent of the then insured employees or
labor union members or public employee association
members or members of the Washington state patrol
elect, be extended to insure the spouse and dependent
children, or any class or classes thereof, of each such
[1975 RCW Supp--p
5041
Insurance
insured employee or member who so elects, in amounts
in accordance with a plan which precludes individual
selection by the employees or members or by the employer or labor union or trustee, and which insurance
on the life of any one family member other than a
spouse shall not be in excess of fifty percent of the insurance on the life of the insured employee or member
or two thousand dollars, whichever is less.
Insurance on the life of a spouse of an insured employee or member shall not exceed fifty percent of the
amount of insurance on the life of the insured employee
or member.
Premiums for the insurance on such family members
shall be paid by the policyholder, either from the employer's funds or funds contributed by him, trustee's
funds, or labor union funds, and/or from funds contributed by the insured employees or members, or from
both.
(2) Such a spouse insured pursuant to this section
shall have the same conversion right as to the insurance
on his or her life as is vested in the employee or member under this chapter. [ 1975 1st ex.s. c 266 § 11; 1965
ex.s. c 70 § 23; 1963 c 192 § 1; 1953 c 197 § 10; 1947 c
79 § .24.03; Rem. Supp. 1947 § 45.24.03.]
Severability--1975 1st ex.s. c 266: See note following RCW
31.08.175.
Chapter 48.32A
WASHINGTON LIFE AND DISABILITY
INSURANCE GUARANTY ASSOCIATION ACT
Sections
48.32A.060 Reinsurance, guaranty of policies, contracts.
48.32A.090 Certificates of contribution--Allowance as assetOffset against premium taxes.
48.32A.060 Reinsurance, guaranty of policies, contracts. (1) The association shall, subject to such terms
and conditions as it may impose with the approval of
the commissioner, assume, reinsure, or guarantee the
performance of the policies and contracts of any domestic life or disability insurer with respect to which an
order of liquidation has been entered by any court of
general jurisdiction in the state of Washington, and
shall have power to receive, own, and administer any
assets acquired in connection with such assumption, reinsurance, or guaranty. The association, as to any such
policy or contract under which there is no default in
payment of premiums subsequent to such assumption,
reinsurance, or guaranty, shall make or cause to be
made prompt payment of the benefits due under the
terms of the policy or contract.
(2) The association shall make or cause to be made
payment of the death, endowment, or disability insurance or annuity benefits due under the terms of each
policy or contract insuring the life or health of, or providing annuity or other benefits for, a resident of this
state which was issued or assumed by a foreign or alien
insurer with respect to which an order of liquidation
has been entered by a court of competent jurisdiction in
the state or country of its domicile.
Credit Life, Accident, Health
(3) In determining benefits to be _paid w.ith .respect. to
the policies and contracts of a part.1cular. hqu1datmg insurer the board may give due consideration to amounts
reasonably recoverable or deductible because of t.he
contingent liability, if any, of policyholders of the msurer (if a mutual insurer) or recoverable because of the
assessment liability, if any, of the insurer's stockholders
(if a stock insurer).
(4) With respect to an insolvent domestic insurer, the
board shall have power to petition the court in which
the delinquency proceedings are pending for, and the
court shall have authority to order and effectuate, such
modifications in the terms, benefits, values, and premiums thereafter to be in effect of policies and contracts
of the insurer as may reasonably be necessary to effect
a bulk reinsurance of such policies and contract in a
solvent insurer.
In the event, after the entry of an order of liquidation, an assessment on the members is necessary to increase the assets of the insolvent company to an extent
that a bulk reinsurance of such policies may be effected,
the court shall have authority to order such assessment.
(5) In addition to any other rights of the association
acquired by assignment or otherwise, the association
shall be subrogated to the rights of any person entitled
to receive benefits under this chapter against the liquidating insurer, or the receiver, rehabilitator, liquidator, or
conservator, as the case may be, under the policy or
contract with respect to which a payment is made or
guaranteed, or obligation assumed by the association
pursuant to this section, and the association may require an assignment to it of such rights by any such
persons as a condition precedent to the receipt by such
person of payment of any benefits under this chapter.
(6) For the purpose of carrying out its obligations
under this chapter, the association shall be deemed to
be a creditor of the liquidating insurer to the extent of
assets attributable to covered policies and contracts reduced by any amounts to which the association is entitled as a subrogee. All assets of the liquidating insurer
attributable to covered policies and contracts shall be
used to continue all covered policies and contracts and
pay all contractual obligations of the liquidating insurer
as required by this chapter. Assets attributable to covered policies and contracts, as used in this subsection,
are those in that proportion of the assets which the reserves that should have been established for such policies and contracts bear to the reserves that should have
been established for all insurances written by the liquidating insurer.
(7) The association shall have the power to petition
the superior court for an order appointing the commissioner as receiver of a domestic insurer upon any of the
grounds set forth in RCW 48.31.030. [ 1975 1st ex.s. c
133 § 2; 1971 ex.s. c 259 § 6.]
48.32A.090 Certificates of contribution--Allowance
as asset--Offset against premium taxes. (1) The association shall issue to each insurer paying an assessment
under this chapter certificates of contribution, in appropriate form and terms as prescribed or approved by the
Chapter 48.34
commissioner, for the amounts so paid into the respective funds. All outstanding certificates against a particular fund shall be of equal dignity and priority without
reference to amounts or dates of issue.
(2) An outstanding certificate of contribution shall be
shown by the insurer in its financial statements as an
admitted asset for such amount and period of time as
the commissioner may approve: Provided, That unless a
longer period has been allowed by the commissioner the
insurer shall in any event at its option have the right to
so show a certificate of contribution as an admitted asset at percentages of original face amount for calendar
years as follows:
100% for the calendar year of issuance;
90% for the first calendar year after the year of
issuance;
80% for the second calendar year after the year of
issuance;
70% for the third calendar year after the year of
issuance;
60% for the fourth calendar year after the year of
issuance;
50% for the fifth calendar year after the year of
issuance;
40% for the sixth calendar year after the year of
issuance;
30% for the seventh calendar year after the year of
issuance;
20% for the eighth calendar year after the year of
issuance;
10% for the ninth calendar year after the year of issuance; and
0% for the tenth and subsequent calendar years after
the year of issuance.
(3) The insurer shall offset the amount written off by
it in a calendar year under subsection (2) of this section
against its premium tax liability to this state accrued
with respect to business transacted in such year.
(4) Any sums recovered by the association representing sums which have theretofore been written off by
contributing insurers and offset against premium taxes
as provided in subsection (3) of this section, shall be
paid by the association to the commissioner and by him
deposited with the state treasurer for credit to the general fund of the state of Washington.
(5) No distribution to stockholders, if any, of a liquidating insurer shall be made unless and until the total
amount of assessments levied by the association with
respect to such insurer have been fully recovered by the
association. [1975 1st ex.s. c 133 § I; 1971 ex.s. c 259 §
9.]
Chapter 48.34
CREDIT LIFE INSURANCE AND CREDIT
ACCIDENT AND HEALTH INSURANCE
Sections
48.34.090
Policy or certificate---Contents-Delivery, copy of
application or notice in lieu--Substitute insurer,
premium, etc., on rejection.
(1975 RCW Supp--p 505)
48.34.090
Title 48:
Insurance
48.34.090 Polic~ or certificate-Contents--Deli,ery. copy of application or notice in lieu--Substitute
insurer, premium, etc., on rejection. (I) All credit life insurance and credit accident and health insurance shall
be evidenced by an individual policy, or in the case of
group insurance by a certificate of insurance, which individual policy or group certificate of insurance shall be
delivered to the debtor.
(5) If the named insurer does not accept the risk, then
the debtor shall receive a policy or certificate of insurance setting forth the name and home office address of
the substituted insurer and the amount of the premium
to be charged, and if the amount of premium is less
than that set forth in the notice of proposed insurance
an appropriate refund shall be made. [ 1975 I st ex.s. c
266 § 13; 1961 c 219 § 9.]
(2) Each individual policy or group certificate of
credit life insurance, and/or credit accident and health
insurance shall, in addition to other requirements of
law, set forth the name and home office address of the
insurer, the name or names of the debtor or in the case
of a certificate under a group policy, the identity by
name or otherwise of the debtor, the premium or
amount of payment, if any, by the debtor separately for
credit life insurance and credit accident and health insurance, a description of the coverage including the
amount and term thereof, and any exceptions, limitations and restrictions, and shall state that the benefits
shall be paid to the creditor to reduce or extinguish the
unpaid indebtedness and, wherever the amount of insurance exceeds the unpaid indebtedness, that any such
excess shall be payable to a beneficiary, other than the
creditor, named by the debtor or to the debtor's estate.
With respect to any policy issued after September 8,
1975, credit life insurance shall not be subject to any
exceptions or reductions other than for fraud, or for
suicide occurring within two years of the effective date
of the insurance.
Severability--1975 1st ex.s. c 266: See note following RCW
31.08.175.
(3) The individual policy or group certificate of insurance shall be delivered to the insured debtor at the
time the indebtedness is incurred except as provided in
subsections (4) and (5).
(4) If such individual policy or group certificate of
insurance is not delivered to the debtor at the time the
indebtedness is incurred, a copy of the application for
such policy or a notice of proposed insurance, signed by
the debtor and setting forth the name and home office
address of the insurer; the name or names of the debtor; the premium or amount of payment by the debtor,
if any, separately for credit life insurance and credit accident and health insurance; the amount, term and a
brief description of the coverage provided, shall be
delivered to the debtor at the time such indebtedness is
incurred. The copy of the application for, or notice of
proposed insurance, shall also refer exclusively to insurance coverage, and shall be separate and apart from the
loan, sale or other credit statement of account, instrument, or agreement, or the application for any such
loan, sale or credit, unless the information required by
this subsection is prominently set forth therein under a
descriptive heading which shall be underlined and
printed in capital letters. Upon acceptance of the insurance by the insurer and within thirty days of the date
upon which the indebtedness is incurred, the insurer
shall cause the individual policy or group certificate of
insurance to be delivered to the debtor. The application
or notice of proposed insurance shall state that upon
acceptance by the insurer, the insurance shall become
effective as provided in RCW 48.34.080.
(1975 RCW Supp--p 506]
Chapter 48.44
HEALTH CARE SERVICES
Sections
48.44.240
48.44.250
Alcoholism treatment benefits--Provisions of group
contracts entered into or renewed after September 8,
1975.
Payment of premium by employee in event of suspension of compensation due to labor dispute.
48.44.240 Alcoholism treatment benefits--Provisions of group contracts entered into or renewed after
September 8, 1975. Each group contract for health care
services which is entered into, or renewed, on or after
September 8, 1975 between a health care service contractor and the person or persons to receive such care
shall contain provisions providing benefits for the treatment of alcoholism rendered to such person or persons
by an alcoholic treatment facility which is an "approved treatment facility" under RCW 70.96A.020(2).
(1975 1st ex.s. c 266 § 14; 1974 ex.s. c 119 § 4.]
Severability--1975 1st ex.s. c 266: See note following RCW
31.08.175.
Legislative declaration--1974 ex.s. c 119: See RCW 48.21.160.
48.44.250 Payment of premium by employee in event
of suspension of compensation due to labor dispute. Any
employee whose compensation includes a health care
services contract providing health care services expenses, the premiums for which are paid in full or in
part by an employer including the state of Washington,
its political subdivisions, or municipal corporations, or
paid by payroll deduction, may pay the premiums as
they become due directly to the health care service
contractor whenever the employee's compensation is
suspended or terminated directly or indirectly as the result of a strike, lockout, or other labor dispute, for a
period not exceeding six months and at the rate and
coverages as the health care services contract provides.
During that period of time such contract may not be
altered or changed. Nothing in this section shall be
deemed to impair the right of the insurer to make normal. de.creases or increases of the premium rate upon
exp1rat10n and renewal of the policy, in accordance
with the provisions of the policy. Thereafter, if such
health care services coverage is no longer available,
then the employee shall be given the opportunity to
purchase an individual health care services contract at a
rate consistent with rates filed by the health care service
contractor with the commissioner. When the employee's
compensation is so suspended or terminated, the employee shall be notified immediately by the contract
Health Maintenance Organizations
holder in writing, by mail addressed to the address last
of record with the contract holder, that the employee
may pay the premiums to the health care service contractor as they become due as provided in this section.
Payment of the premiums must be made when due or
the coverage may be terminated by the health care
service contractor.
The provisions of any health care services contract
contrary to provisions of this section are void and unenforceable after May 29, 1975. [ 1975 1st ex.s. c 117 §
3.]
Severability--1975 1st ex.s. c 117: See note following RCW
48.21.075.
Chapter 48.46
HEALTH MAINTENANCE ORGANIZATIONS
Sections
48.46.010
48.46.020
48.46.030
48.46.040
48.46.050
48.46.060
48.46.070
48.46.080
48.46.090
48.46.100
48.46.110
48.46.120
48.46.130
48.46.140
48.46.150
48.46.160
48.46.170
48.46.180
48.46.190
48.46.200
48.46.210
48.46.220
48.46.900
48.46.905
48.46.910
48.46.920
Legislative declaration--Purpose.
Definitions.
Eligibility requirements for certificate of registration-Application requirements, information.
Certificate of registration--Issuance--Grounds for
refusal--Name restrictions--Inspection and review of facilities.
Powers of certificate holder include powers of health
care contractors.
Standards for forms and documents--Cancellation or
failure to renew--Filing of contract forms.
Governing body.
Annual report--Filing--Contents.
Standard of services provided.
Grievance procedure.
Name restrictions--Discrimina tion--Recovery of
costs of health care services participant not entitled to.
Examination of health maintenance organizations.
Investigation of violations--Hearing--Findings-Penalties--Order requiring compliance, etc.-Suspension or revocation of certificate, effect--Application to courts.
Fees.
Medicaid services.
Report to legislature.
Effect of chapter as to other laws--Construction.
Duty of employer to inform and make available to employees option of enrolling in health maintenance
organization.
Payroll deductions for capitation payments to health
maintenance organizations.
Rules and regulations.
Compliance with federal funding requirements-Construction.
Review of administrative action.
Liberal construction.
Studies by legislature.
Severability--1975 1st ex.s. c 290.
Short title.
48.46.010 Legislative declaration--Purpose. In affirmation of the declared principle that health care is a
right of every citizen of the state, the legislature expresses its concern that the present high costs of health
care in Washington may be preventing or inhibiting a
large segment of the people from obtaining access to
quality health care services.
The legislature declares that the establishment of
qualified prepaid group and individual practice health
care delivery systems should be encouraged in order to
provide all citizens of the state with the freedom of
48.46.020
choice between competitive, alternative health care delivery systems necessary to realize their right to health.
It is the purpose and policy of this chapter to provide
for the development and registration of prepaid group
and individual practice health care plans as health
maintenance organizations, which the legislature declares to be in the interest of the health, safety and welfare of the people. [ 1975 1st ex.s. c 290 § 2.]
48.46.020 Definitions. As used in this chapter, the
terms defined in this section shall have the meanings
indicated unless the context indicates otherwise.
(I) "Health maintenance organization" means any
organization receiving a certificate of authority by the
commissioner under this chapter which provides comprehensive health care services to enrolled participants
of such organization on a group practice per capita
prepayment basis or on a prepaid individual practice
plan, either directly or through contractual or other arrangements with other institutions, entities, or persons,
and which qualifies as a health maintenance organization pursuant to RCW 48.46.030 and 48.46.040.
(2) "Comprehensive health care services" means basic
consultative, diagnostic, and therapeutic services rendered by licensed health professionals together with
emergency and preventive care, inpatient hospital, outpatient and physician care, at a minimum, and any additional health care services offered by the health
maintenance organization.
(3) "Enrolled participant" means a person who or
group of persons which has entered into a contractual
arrangement or on whose behalf a contractual arrangement has been entered into with a health maintenance
organization to receive health care services.
(4) "Health professionals" means practitioners who
are licensed under the provisions of chapters 18.22, 18.25, 18.29, 18.32, 18.34, 18.53, 18.57, 18.57A, 18.64, 18.71, 18.71A, 18.74, 18.78, 18.83, or 18.88 RCW.
(5) "Health care service contractor" means any corporation, cooperative group, partnership, or association
which is registered as a health care contractor pursuant
to the provisions of chapter 48.44 RCW.
(6) "Health maintenance agreement" means an
agreement for services between a health maintenance
organization which is registered pursuant to the provisions of this chapter and enrolled participants of such
organization which provides enrolled participants with
comprehensive health services rendered to enrolled participants by health professionals, groups, facilities, and
other personnel associated with the health maintenance
organization.
(7) "Consumer" means any member, subscriber, enrollee, beneficiary, or other person entitled to health
care services under terms of a health maintenance
agreement, but not including health professionals, employees of health maintenance organizations, partners,
or shareholders of stock corporations licensed as health
maintenance organizations.
(8) "Meaningful role in policy making" means a procedure approved by the commissioner which provides
consumers or elected representatives of consumers a
means of submitting the views and recommendations of
(1975 RCW Supp--p 507)
..iS.46.020
Title 48:
such consumers to the governing board of such organization coupled with reasonable assurance that the
board will give regard to such views and
recommendations.
(9) "Meaningful grievance procedure" means a procedure for investigation of consumer grievances in a
timely manner aimed at mutual agreement for settlement according to procedures approved by the commissioner, and which may include arbitration
procedures.
( 10) "Provider" means any health professional, hospital, or other institution, organization, or person that
furnishes any health care services and is licensed or
otherwise authorized to furnish such services.
( 11) "Department" means the state department of social and health services.
(12) "Commissioner" means the msurance
commissioner.
(13) "Group practice" means a partnership, association, corporation, or other group of health
professionals:
(a) The members of which may be individual health
professionals, clinics, or both individuals and clinics
who engage in the coordinated practice of their profession; and
(b) The members of which are compensated by a
prearranged salary, or by capitation payment or drawing account that is based on the number of enrolled
participants.
(14) "Individual practice health care plan" means an
association of health professionals in private practice
who associate for the purpose of providing prepaid
comprehensive health care services on a fee-for-service
or capitation basis. [1975 1st ex.s. c 290 § 3.]
48.46.030 Eligibility requirements for certificate of
registration--Application requirements, information.
Any corporation, cooperative group, partnership, individual, association, or groups of health professionals licensed by the state of Washington, public hospital
district, or public institutions of higher education shall
be entitled to a certificate of registration as a health
maintenance organization if it:
(1) Provides comprehensive health care services to
enrolled participants on a group practice per capita
prepayment basis or on a prepaid individual practice
plan and provides such health services either directly or
through arrangements with institutions, entities, and
persons which its enrolled population might reasonably
require as determined by the health maintenance organization in order to be maintained in good health;
and
(2) Otherwise meets the requirements of chapter 48.44
RCW: Provided, That this requirement shall not apply
to public institutions of higher education; and
(3) Is governed by a board elected by enrolled participants, or otherwise provides its enrolled participants
with a meaningful role in policy making procedures of
such organization, as defined in RCW 48.46.020(8), and
48.46.070; and
[1975 RCW Supp--p 508[
Insurance
(4) Affords enrolled parttc1pants with a meaningful
grievance procedure aimed at settlement of disputes between such persons and such health maintenance organization, as defined in RCW 48.46.020(9) and
48.46.100; and
(5) Provides enrolled participants, or makes available
for inspection at least annually, financial statements
pertaining to health maintenance agreements, disclosing
income and expenses, assets and liabilities, and the
bases for proposed rate adjustments for health maintenance agreements relating to its activity as a health
maintenance organization; and
(6) Demonstrates to the satisfaction of the commissioner that its facilities and personnel are reasonably
adequate to provide comprehensive health care services
to enrolled participants and that it is financially capable
of providing such members with, or has made adequate
contractual arrangements through insurance or otherwise to provide such members with, such health services; and
(7) Substantially complies with administrative rules
and regulations of the commissioner for purposes of this
chapter; and
(8) Submits an application for a certificate of registration which shall be verified by an officer or authorized representative of the applicant, being in form as
the commissioner prescribes, and setting forth:
(a) A copy of the basic organizational document, if
any, of the applicant, such as the articles of incorporation, articles of association, partnership agreement, trust
agreement, or other applicable documents, and all
amendments thereto;
(b) A copy of the bylaws, rules and regulations, or
similar documents, if any, which regulate the conduct of
the internal affairs of the applicant, and all amendments
thereto;
(c) A list of the names, addresses, members of the
board of directors, board of trustees, executive committee, or other governing board or committee and the
principal officers, partners, or members;
(d) A full and complete disclosure of any financial
interests held by any officer, or director in any provider
associated with the applicant or any provider of the
applicant.
(e) A description of the health maintenance organization, its facilities and its personnel, and the applicant's
most recent financial statement pertaining to prepaid
health maintenance agreements, showing such organization's assets, liabilities, income, and other sources of
financial support;
(f) A description of the geographic areas and the
population groups to be served and the size and composition of the anticipated enrollee population;
(g) A copy of each type of health maintenance contract to be issued to enrolled participants;
(h) A schedule of all proposed rates of reimbursement
to contracting health care facilities or providers, if any,
and a schedule of the proposed charges for enrollee
coverage for health care services, accompanied by data
relevant to the formulation of such schedules;
(i) A description of the proposed method and schedule for soliciting enrollment in the applicant health
Health Maintenance Organizations
maintenance organization and the basis of compensation for such solicitation services;
0) A copy of the solicitation document to be distributed to all prospective enrolled participants in connection with any solicitation;
(k) A financial projection which sets forth the anticipated results during the initial two years of operation of
such organization, if such organization has not operated
previously as a health care contractor under chapter
48.44 RCW, accompanied by a summary of the assumptions and relevant data upon which the projection
is based. The projection should include the projected
expenses, enrollment trends, income, enrollee utilization
patterns, and sources of working capital;
(l) A detailed description of the enrollee complaint
system as provided by RCW 48.46.100;
(m) A detailed description of the procedures and
programs to be implemented to assure that the health
care services delivered to enrolled participants will be of
professional quality; and
(n) Such other information as the commissioner shall
require by rule or regulation which is reasonably necessary to carry out the provisions of this section.
A health maintenance organization shall, unless otherwise provided for in this chapter, file a notice describing any modification of any of the information
required by subsection (8) of this section. Such notice
shall be filed with the commissioner. [1975 1st ex.s. c
290 § 4.]
48.46.040 Certificate of registration--IssuanceGrounds for refusal--N ame restrictions--Inspection
and review of facilities. After January I, 1976, the commissioner shall issue a certificate of registration to the
applicant within sixty days of such filing unless he noti~es the applicant within such time that such application
is not complete and the reasons therefor; or that he is
not satisfied that:
(1) The basic organizational document of the applicant when combined with the powers enumerated in
RCW 48.46.050 permits the applicant to conduct business as a health maintenance organization;
(2) The organization has demonstrated the intent and
ability to assure that comprehensive health care services
will be provided in a manner to assure both their availability and accessibility;
(3) The organization is financially responsible and
~ay be reasonably expected to meet its obligations to
its enrolled participants. In making this determination,
the commissioner shall consider among other relevant
factors:
(a) Any agreements with an insurer, a medical or
hospital service bureau, a government agency or any
other organization paying or insuring payment for
health care services;
(b) Any agreements with providers for the provision
of health care services; and
. (c) Any arrangements for liability and malpractice
msurance coverage;
(4) The procedures for offering health care services
~n? offering or terminating contracts with enrolled participants are reasonable and equitable in comparison
48.46.060
with prevailing health insurance subscription practices
and health maintenance organization enrollment procedures; and, that
(5) Procedures have been established to:
(a) Monitor the quality of care provided by such organization, including, as a minimum, procedures for internal peer review;
(b) Resolve complaints and grievances initiated by
enrolled participants in accordance with *sections 2(8)
and 11 of this 1975 amendatory act;
(c) Offer enrolled participants an opportunity to participate in matters of policy and operation in accordance with RCW 48.46.020(8) and 48.46.070.
No person to whom a certificate of registration has
not been issued, except a health maintenance organization certified by the secretary of the department of
health, education and welfare, pursuant to Public Law
93-222 or its successor, shall use the words "health
maintenance organization" or the initials "HMO" in its
name, contracts, or literature: Provided however, That
persons who are contracting with, operating in association with, recruiting enrolled participants for, or otherwise authorized by a health maintenance organization
possessing a certificate of registration to act on its behalf may use the terms "health maintenance organization" or "HMO" for the limited purpose of denoting or
explaining their relationship to such health maintenance
organization.
The department of social and health services, at the
request of the insurance commissioner, shall inspect and
review the facilities of every applicant health maintenance organization to determine that such facilities are
reasonably adequate to provide the health care services
offered in their contracts. If the commissioner has information to indicate that such facilities fail to continue
to be adequate to provide the health care services offered, the department of social and health services,
upon request of the insurance commissioner, shall reinspect and review the facilities and report to the insurance commissioner as to their adequacy or inadequacy.
[1975 1st ex.s. c 290 § 5.]
*Reviser's note: The reference to "section 2(8)" appears to be erroneous, as section 2 is a purpose section with no subsections. Section 2
is codified as RCW 48.46.010 and section II as RCW 48.46.100.
48.46.050 Powers of certificate holder include powers
of health care contractors. The powers of a holder of a
certificate of registration issued pursuant to RCW 48.46.040 shall include, in addition to any other powers
conferred by the law, those conferred on health care
co.ntractors pursuant to chapter 48.44 RCW. Nothing in
this chapter shall be deemed to preclude a health maintenance organization from training or employing any
health personnel. [1975 1st ex.s. c 290 § 6.]
48.46.060 Standards for forms and documentsCancellation or failure to renew--Filing of contract
forms. (1) All forms of health maintenance agreements
issued by the organization to enrolled participants or
other marketing documents purporting to describe the
organization's comprehensive health care services shall
(1975 RCW Supp--p 5091
48.46.060
Title 48:
comply with such minimum standards as the commissioner deems reasonable and necessary in order to carry
out the purposes and provisions of this chapter, and
which fully inform enrolled participants of the health
care services to which they are entitled, including any
limitations or exclusions thereof, and such other rights,
responsibilities and duties required of the contracting
health maintenance organization.
(2) No health maintenance organization authorized
under this chapter shall cancel or fail to renew the enrollment on any basis of an enrolled participant or
refuse to transfer an enrolled participant from a group
to an individual basis for reasons relating solely to age,
sex, race, or health status: Provided however, That
nothing contained herein shall prevent cancellation of a
contract with enrolled participants (a) who violate any
published policies of the organization which have been
approved by the commissioner, or (b) who are entitled
to become eligible for medicare benefits and fail to enroll for a medicare supplement plan offered by the
health maintenance organization and approved by the
commissioner, or (c) for failure of such enrolled participant to pay the approved charge, including cost-sharing, required under such contract, or (d) for a material
breach of the health maintenance agreement.
(3) No contract form or amendment to an approved
contract form shall be used unless it is filed with the
commissioner. [1975 1st ex.s. c 290 § 7.]
48.46.070 Governing body. (I) The members of the
governing body of a health maintenance organization
shall be nominated by the voting members or by the
enrolled participants and providers, and shall be elected
by the enrolled participants or voting members pursuant to the provisions of their bylaws, which shall not be
restricted to providers. At least one-third of such body
shall consist of consumers who are substantially representative of the enrolled population of such organization: Provided, however, That any panel medicine plan,
qualified pursuant to chapter 41.05 RCW, and licensed
as a health care contractor as of January I, 1975, may
have a governing body which shall be advised by an
advisory board consisting of at least two-thirds consumers who are elected by the voting members or the
enrolled participants and are substantially representative of the enrolled population.
(2) For health maintenance organizations formed by
public institutions of higher education or public hospital districts, the governing body shall be advised by an
advisory board consisting of at least two-thirds consumers who are elected by the voting members or the
enrolled participants and are substantially representative of the enrolled population. [1975 I st ex.s. c 290 § 8.]
48.46.080 Annual report--Filing--Contents. (I)
Every health maintenance organization shall annually
file with the commissioner a report, under oath, in accordance with the provisions of this chapter.
(2) Such annual report shall be in such form as the
commissioner shall prescribe and shall include:
[1975 RCW Supp---p 510)
Insurance
(a) A financial statement of such organization, including its balance sheet and receipts and disbursements for the preceding year, which reflects at a
minimum,
(i) all prepayments and other payments received for
health care services rendered pursuant to health maintenance agreements;
(ii) expenditures to all categories of health care facilities, providers, insurance companies, or hospital or
medical service plan corporations with which such organization has contracted to fulfill obligations to enrolled participants arising out of its health maintenance
contracts, together with all other direct expenses including depreciation, enrollment, and commission; and
(iii) expenditures for capital improvements, or additions thereto, including but not limited to construction,
renovation, or purchase of facilities and capital
equipment;
(b) The number of participants enrolled and terminated during the report period. Every employer offering
health care benefits to their employees through a group
contract with a health maintenance organization shall
furnish said health maintenance organization with a list
of their employees enrolled under such plan;
(c) A report of the names and addresses of all officers, directors, or trustees of the health maintenance
organization during the preceding year, and the amount
of wages, expense reimbursements, or other payments
to such individuals for services to such organization.
For partnership and professional service corporations, a
report shall be made for partners or shareholders as to
any compensation or expense reimbursement received
by them for services, other than for services and expenses relating directly for patient care;
(d) Such other information relating to the performance of the health maintenance organization or the
health care facilities or providers with which it has contracted as reasonably necessary to the proper and effective administration of this chapter, in accordance with
rules and regulations; and
(e) Disclosure of any financial interests held by officers and directors in any providers associated with the
health maintenance organization or any provider of the
health maintenance organization. (1975 1st ex.s. c 290 §
9.]
48.46.090 Standard of services provided. A health
maintenance organization, and the health care facilities
and providers with which such organization has entered
mto contracts to provide health care services to its enrolled participants, shall provide such services in a
manner consistent with the dignity of each enrolled
participant as a human being. [1975 1st ex.s. c 290 § 10.]
48.46.100 Grievance procedure. A health maintenance organization shall establish and maintain a grievance procedure, approved by the commissioner, to
provide reasonable and effective resolution of complaints initi~ted by en~olled parti~ipants concerning any
matter relatmg to the mterpretation of any provision of
such enrolled participants' health maintenance contracts, including, but not limited to, claims regarding
Health Maintenance Organizations
the scope of coverage for health care services; denials,
cancellations, or nonrenewals of enrolled participants'
coverage; and the quality of the health care services
rendered, and which may include procedures for arbitration. [1975 1st ex.s. c 290 § 11.]
48.46.110 Name restrictions--Discrimination-Recovery of costs of health care services participant not
entitled to. (1) No health maintenance organization may
refer to itself in its name or advertising with any of the
words: "insurance", "casualty", "surety", "mutual", or
any other words descriptive of the insurance, casualty,
or surety business, or deceptively similar to the name or
description of any insurance or surety corporation doing business in this state.
(2) No health maintenance organization, nor any
health care facility or provider with which such organization has contracted to provide health care services,
shall discriminate against any person from whom or on
whose behalf, payment to meet the required charge is
available, with regard to enrollment, disenrollment, or
the provision of health care services, on the basis of
such person's race, color, sex, religion, place of residence if there is reasonable access to the facility of the
health maintenance organization, socioeconomic status,
or status as a recipient of medicare under Title XVIII
of the Social Security Act, 42 U.S.C. section 1396, et
seq.
(3) Where a health maintenance organization determines that an enrolled participant has received health
care services to which such enrolled participant is not
entitled under the terms of his health maintenance contract, neither such organization, nor any health care facility or provider with which such organization has
contracted to provide health care services, shall have
recourse against such enrolled participant for any
amount above the actual cost of providing such service,
if any, specified in such contract, unless the enrolled
participant or a member of his family has given or
withheld information to the health maintenance organization, the effect of which is to mislead or misinform
the health maintenance organization as to the enrolled
participant's right to receive such services. [ 1975 I st
ex.s. c 290 § 12.]
48.46.120 Examination of health maintenance organizations. (1) The commissioner :rp.ay make an examination of the operations of any health maintenance
organization as often as he deems necessary in order to
carry out the purposes of this chapter.
(2) Every health maintenance organization shall submit its books and records relating its operation for such
examinations and in every way facilitate them. For the
purpose of examinations, the commissioner may issue
subpoenas, administer oaths, and examine the officers
and agents of the health maintenance organization and
the principals of such providers concerning their business. [1975 1st ex.s. c 290 § 13.]
48.46.130
48.46.130 Investigation of violations--Hearing-Findings--Penalties--Order requiring compliance,
etc.--Suspension or revocation of certificate, effect--Application to courts. ( 1) The commissioner
may, consistent with the provisions of the administrative procedure act, chapter 34.04 RCW, initiate proceedings to determine whether a health maintenance
organization has:
(a) Operated in a manner that materially violates its
organizational documents;
(b) Materially breached its obligation to furnish the
health care services specified in its contracts with enrolled participants;
(c) Violated any provision of this chapter, or any
rules and regulations promulgated thereunder;
(d) Made any false statement with respect to any report or statement required by this chapter or by the
commissioner under this chapter;
(e) Advertised or marketed, or attempted to market,
its services in such a manner as to misrepresent its
services or capacity for services, or engaged in deceptive, misleading, or unfair practices with respect to advertising or marketing;
(f) Prevented the commissioner from the performance
of any duty imposed by this chapter; or
(g) Fraudulently procured or attempted to procure
any benefit under this chapter.
(2) After providing written notice and an opportunity
for a hearing to be scheduled no sooner than ten days
following such notice, the commissioner shall make administrative findings and may, as appropriate:
(a) Impose a penalty of not more than ten thousand
dollars for each and every unlawful act committed
which materially affects the health services offered or
furnished;
(b) Issue an administrative order requiring the health
maintenance organization to:
(i) Cease or modify inappropriate conduct or practices by it or any of the personnel employed or associated
with it;
(ii) Fulfill its contractual obligations;
(iii) Provide a service which has been improperly
denied;
(iv) Take steps to provide or arrange for any service
which it has agreed to make available; or
(v) Abide by the terms of an arbitration proceeding,
if any;
(c) Suspend or revoke the certificate of authority of
the health maintenance organization:
(i) If its certificate of authority is suspended, the organization shall not, during the period of such suspension, enroll any additional participants except newborn
children or other newly acquired dependents of existing
enrolled participants, and shall not engage in any advertising or solicitation whatsoever;
(ii) If its certificate of authority is revoked, the organization shall proceed under the supervision of the
commissioner immediately following the effective date
of the order of revocation to wind up its affairs, and
shall conduct no further business except as may be essential to the orderly conclusion of such affairs: Provided, That the commissioner may, by written order,
[1975 RCW Supp---p 5111
48.46.130
Title 48:
permit such further operation of the organization as it
may find to be in the best interest of enrolled participants, to the end that such enrolled participants will be
afforded the greatest practical opportunity to obtain
continuing health care coverage: Provided, further,
That if the organization is qualified to operate as a
health care service contractor under chapter 48.44
RCW, it may continue to operate as such when it obtains the appropriate license.
(3) The commissioner may apply to any court for
such legal or equitable relief as it deems necessary to
effectively carry out the purposes of this chapter, including, but not limited to, 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 commissioner may not be required to post a bond. [1975 1st ex.s. c 290 § 14.]
48.46.140 Fees. Every organization subject to this
chapter shall pay to the commissioner the following
fees:
(I) For filing a copy of its application for a certificate
of registration or amendment thereto, one hundred
dollars;
(2) For filing each annual report pursuant to RCW
48.46.080, ten dollars. [ 1975 1st ex.s. c 290 § 15.]
48.46.150 Medicaid services. (1) The department is
hereby authorized to enter into contracts with health
maintenance organizations to furnish, directly or
through contractual arrangements with providers or
other persons, medicaid services to eligible recipients of
medical assistance under Title XIX of the Social Security Act, 42 U.S.C. section 1396, et seq.
(2) The department shall enter into negotiations with
any health maintenance organization for the provision
of the medical needs of such recipients on a group basis
located within the appropriate defined service area of
such health maintenance organization in order to realize the possibility of obtaining cost savings of public
funds in the purchase of health care services for such
recipients, based on differentials between the cost of
such services when offered by health maintenance organizations and other providers: Provided, That nothing herein shall require the department to enter into any
contract: And provided further, That no such recipient
shall be obligated to receive any such medical care from
any health maintenance organization under contract
with the department. [1975 1st ex.s. c 290 § 16.]
48.46.160 Report to legislature. The commissioner
shall report annually to the legislature regarding the effect of this chapter on the development and operation
of health maintenance organizations, the effect of such
development and operation on both enrolled participants and nonenrollees· including participation in medicare, the extent to which the purposes and provisions of
11975 RCW Supp-----p 5121
Insurance
this chapter have been carried out, and the modifications in this chapter, if any, necessary to further the interests of the public. [1975 1st ex.s. c 290 § 17.]
48.46.170 Effect of chapter as to other laws-Construction. (1) Solicitation of enrolled participants by
a health maintenance organization granted a certificate
of registration, or its agents or representatives, shall not
be construed to violate any provision of law relating to
solicitation or advertising by health professionals.
(2) Any health maintenance organization authorized
under this chapter shall not be deemed to be violating
any law prohibiting the practice by unlicensed persons
of podiatry, chiropractic, dental hygiene, opticianary,
dentistry, optometry, osteopathy, pharmacy, medicine
and surgery, physical therapy, nursing, or psychology:
Provided, That this subsection shall not be construed to
expand a health professional's scope of practice or to
allow employees of a health maintenance organization
to practice as a health professional unless licensed.
(3) Nothing contained in this chapter shall alter any
statutory obligation, or rule or regulation promulgated
thereunder, in chapter 70.38 or 70.39 RCW.
(4) Any health maintenance organization receiving a
certificate of registration pursuant to this chapter shall
be exempt from the provisions of chapter 48.05 RCW,
and shall not be required to register as a health care
contractor under chapter 48.44 RCW but shall be subject to all other provisions of chapters 48.44 and 70.39
RCW. [1975 1st ex.s. c 290 § 18.]
48.46.180 Duty of employer to inform and make
available to employees option of enrolling in health
maintenance organization. (1) The state government, or
any political subdivision thereof, which offers its employees a health benefits plan shall make available to
and inform its employees or members of the option to
enroll in at least one health maintenance organization
holding a valid certificate of authority which provides
health care services in the geographic areas in which
such employees or members reside.
(2) Each employer, public or private, having more
than fifty employees in this state which offers its employees a health benefits plan, and each employee benefits fund in this state having more than fifty members
which offers its members any form of health benefits
shall make available to and inform its employees or
members of the option to enroll in at least one health
maintenance organization holding a valid certificate of
authority which provides health care services in the
geographic areas in which a substantial number of such
employees or members reside: Provided, That unless at
least twenty-five employees agree to participate in a
health maintenance organization the employer need not
provide such an option: Provided further, That where
su~h employees are members of a bona fide bargaining
umt covered by a labor-management collective bargaining agreement, the selection of the options required
by this section may be specified in such agreement:
And provided further, That the provisions of this section shall not be mandatory where such members are
covered by a Taft-Hartley health care trust, except that
Arbitration of Disputes
49.08.010
the labor-management trustees n:iay cont_ra_c_t with a
health maintenance organization tf a feas1b1hty study
determines it is to the advantage of the members to so
contract.
(3) Subsections (1) and (2) of this section shall impose
no responsibilities or duties upon state government or
any political subdivision thereof or any other employer,
either public or private, to provide health maintenance
organization coverage when no health maintenance organization exists for the purpose of providing health
care services in the geographic areas in which the employees or members reside.
(4) No employer in this state shall in any way he required to pay more for health benefits as a result of the
application of this section than would otherwise be required by any prevailing collective bargaining agreement or other legally enforceable contract of obligation
for the provision of health benefits between such employer and its employees. [1975 1st ex.s. c 290 § 19.]
for health care coverage by health maintenance organizations and all other health care contractors and insurers according to the benefits they offer and appropriate
procedures for quality review.
In all such studies under this section, the legislature
may be advised by a committee which shall be generally representative of health maintenance organizations,
consumers, professional organizations representing
health professionals, and a representative of the commissioner. The results of such studies shall be reported
to the governor and to the legislature prior to the first
session of the legislature after January I, 1977. [1975 !st
ex.s. c 290 § 25.]
48.46.190 Payroll deductions for capitation payments
to health maintenance organizations. See RCW
41.04.233.
48.46.920 Short title. This 1975 amendatory act may
be known and cited as "The Washingwn Health Maintenance Organization Act of 1975". [1975 1st ex.s. c 290
48.46.200 Rules and regulations. The comm1ss10ner
may, in accordance with the provisions of the administrative procedure act, chapter 34.04 RCW, promulgate
rules and regulations as necessary or proper to carry
out the provisions of this chapter. Nothing in this chapter shall be construed to prohibit the commissioner
from requiring changes in procedures previously approved by him. [197 5 I st ex.s. c 290 § 21.]
48.46.210 Compliance with federal funding requirements--Construction. Nothing in this chapter shall
prohibit any health maintenance organization from
meeting the requirements of any federal law which
would authorize such health maintenance organization
to receive federal financial assistance or enroll beneficiaries assisted by federal funds. [ 1975 I st ex.s. c 290 §
22.]
48.46.220 Review of administrative action. Any party
aggrieved by a decision, order, or regulation made under this chapter by the commissioner shall have the
right to have such reviewed pursuant to the provisions
of the administrative procedure act, chapter 34.04
RCW. [1975 1st ex.s. c 290 § 23.]
48.46.900 Liberal construction. It is intended that
the provisions of this chapter shall be liberally construed to accomplish the purposes provided for and authorized herein. [1975 I st ex.s. c 290 § 24.]
48.46.905 Studies by legislature. The legislature shall
a stud~ of the appropriate financial security requtrements, mvestment restrictions, bonding requirements, ~nd the possibilities of providing arbitration
proceedm~s as an accept~ble grievance procedure for
health ma_mtenance orgarnzations, and shall also study
the estabhshment of a system for classifying contracts
m~ke
48.46.910 Severability--1975 1st ex.s. c 290. 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 290 § 26.]
§ 27.]
Title 49
LABOR REGULATIONS
Chapters
49.08 Arbitration of disputes.
49.46 Minimum wage act.
49.52 Wages--Deductions--Contributions-Rebates.
49.60 Law against discrimination.
Chapter 49.08
ARBITRATION OF DISPUTES
Sections
49.08.010
49.08.020
Duty of director-Mediation-Board of arbitration
selected-Board's findings final.
Procedure for arbitration.
49.08.010 Duty of director--Mediation--Board
of arbitration selected--Board 's findings final. It shall
be the duty of the chairman of the public employment
relations commission upon application of any employer
or employee having differences, as soon as practicable,
to visit the location of such differences and to make a
careful inquiry into the cause thereof and to advise the
respective parties, what, if anything, ought to be done
or submitted to by both to adjust said dispute and
should said parties then still fail to agree to a settlement
through said chairman, then said chairman shall endeavor to have said parties consent in writing to submit
their differences to a board of arbitrations to be chosen
from citizens of the state as follows, to wit: Said employer shall appoint one and said employees acting
through a majority, one, and these two shall select a
third, these three to constitute the board of arbitration
11975 RCW Supp--p 513)
49.08.010
Title 49:
Labor Regulations
and the findings of said board of arbitration to be final.
[1975 !st ex.s. c 296 ~ 36; 1903 c 58 § I; RRS § 7667.]
Effective date--1975 2nd ex.s. c 5: See RCW 41.58.901.
Public employment relations commission: Chapter 41.58 RCW.
49.08.020 Procedure for arbitration. The proceedings
of said board of arbitration shall be held before the
chairman of the public employment relations commission who shall act as moderator or chairman, without
the privilege of voting, and who shall keep a record of
the proceedings, issue subpoenas and administer oaths
to the members of said board, and any witness said
board may deem necessary to summon. [1975 1st ex.s. c
296 § 37; 1903 c 58 § 2; RRS § 7668.]
Effective date--1975 2nd ex.s. c 5: See RCW 41.58.901.
Chapter 49.46
MINIMUM WAGE ACT
Sections
49.46.010
49.46.020
49.46.130
49.46.140
49.46.920
Definitions.
Minimum hourly wage.
Minimum rate of compensation for employment in excess of forty hour work week-Exceptions.
Notification of employers.
Effective date-1975 1st ex.s. c 289.
49.46.010 Definitions. As used in this chapter:
(I) "Director" means the director of labor and
industries;
(2) "Wage" means compensation due to an employee
by reason of his employment, payable in legal tender of
the United States or checks on banks convertible into
cash on demand at full face value. subject to such deductions, charges, or allowances as may be permitted
by regulations of the director under *RCW 49.46.050;
(3) "Employ" includes to suffer or to permit to work;
(4) "Employer" includes any individual, partnership,
association, corporation, business trust, or any person
or group of persons acting directly or indirectly in the
interest of an employer in relation to an employee;
(5) "E~ployee" includes any individual employed by
an employer but shall not include:
(a) Any individual employed (i) on a farm, in the
employ of any person, in connection with the cultivation of the soil, or in connection with raising or harvesting any agricultural or horticultural commodity,
including raising, shearing, feeding, caring for, training,
and management of livestock, bees, poultry, and forbearing animals and wildlife, or in the employ of the
owner or tenant or other operator of a farm in connection with the operation, management, conservation, improvement, or maintenance of such farm and its tools
and equipment; or (ii) in packing, packaging, grading,
storing or delivering to storage, or to market or to a
carrier for transportation to market. any agricultural or
horticultural commodity; and the exclusions from the
term "employee" provided in this item shall not be
deemed applicable with respect to commercial canning,
commercial freezing. or any other commercial processing. or with respect to services performed in connection
with the cultivation, raising-, harvesting, and processing
of oysters or in connection with any agricultural or
[1975 RCW Supp--p 514)
horticultural commodity after its delivery to a terminal
market for _dis~r~bution for consumption;
.
(b) Any md1v1dual employed in domestic service m or
about a private home;
(c) Any individual employed in a bona fide executive,
administrative, or professional capacity or in the capacity of outside salesman (as such terms are defined and
delimited by regulations of the director: Provided however, That such terms shall be defined and delimited by
the state personnel board pursuant to chapter 41.06
RCW and the higher education personnel board pursuant to chapter 28B.16 RCW for employees employed
under their respective jurisdictions);
(d) Any individual engaged in the activities of an educational, charitable, religious, governmental agency or
nonprofit organization where the employer-employee
relationship does not in fact exist or where the services
are rendered to such organizations gratuitously;
(e) Any newspaper vendor or carrier;
(f) Any carrier subject to regulation by Part I of the
Interstate Commerce Act;
(g) Any individual engaged in forest protection and
fire prevention activities;
(h) Any individual employed by any charitable institution charged with child care responsibilities engaged
primarily in the development of character or citizenship
or promoting health or physical fitness or providing or
sponsoring recreational opportunities or facilities for
young people or members of the armed forces of the
United States;
(i) Any individual whose duties require that he reside
or sleep at the place of his employment or who otherwise spends a substantial portion of his work time subject to call, and not engaged in the performance of
active duties;
U) Any resident, inmate, or patient of a state, county,
or municipal correctional, detention, treatment or rehabilitative institution.
~k) _Any individual who holds a public elective or appomt1ve office of the state, any county, city, town, municipal corporation or quasi municipal corporation,
political subdivision, or any instrumentality thereof, or
any employee of the state legislature.
All vessel operating crews of the Washington state
femes operated by the state highway commission.
(m) Any individual employed as a seaman on a vessel
other than an American vessel.
(6) "Occupation" means any occupation, service,
tr~de, business, industry, or branch or group of industnes or employment or class of employment in which
employees are gainfully employed. [ 1975 I st ex.s. c 289
§ I; 1974 ex.s. c 107 § I; 1961ex.s.c18 § 2; 1959 c 294
§ I.]
O?
*Reviser's note: "RCW 49.46.050" referred to in subsection (2) was
repealed by 1961 ex.s. c 18 § 7. See RCW 49.46.080.
49.46.020 Minimum hourly wage. (I) Every employer
shall pay to each of his employees who have reached
the age of eighteen years wages at a rate of not less
than one dollar and sixty cents per hour except as may
be ot~erwise_ provided under s~bsections (2) through (7)
of this section or as otherwise provided under this
Minimum Wage Act
chapter: Provided, That beginning the calendar year
1974, the applicable rate under this section shall be one
dollar and eighty cents per hour, and begin~ing ~ith
September 1, 1975 the applicable rate under this section
shall be two dollars and ten cents an hour, and beginning the calendar year 1976 the applicable rate under
this section shall be two dollars and thirty cents an
hour.
(2) Any individual eighteen years of age or older, unless exempt under the provisions of *section 1(5)(k)(8)
of this 1975 amendatory act, employed by the state, any
county, city, town, municipal corporation or quasi municipal corporation, political subdivision, or any instrumentality thereof shall be paid wages beginning with
September 1, 1975, at a rate of not less than two dollars
an hour, and beginning the calendar year 1976 at a rate
of not less than two dollars and twenty cents an hour,
and beginning the calendar year 1977 at a rate of not
less than two dollars and thirty cents an hour.
(3) Any individual eighteen years of age or older engaged in performing services in a nursing home licensed
pursuant to chapter 18.51 RCW, shall be paid wages
beginning with September 1, 1975, at a rate of not less
than two dollars and ten cents an hour, and beginning
the calendar year 1976, at a rate of not less than two
dollars and twenty cents an hour, and beginning the
calendar year 1977, at a rate of not less than two dollars
and thirty cents an hour.
(4) Any individual eighteen years of age or older engaged in performing services in a hospital licensed pursuant to chapter 70.41 RCW, or chapter 71.12 RCW,
shall be paid wages beginning with September 1, 1975,
at a rate of not less than two dollars and ten cents an
hour, and beginning the calendar year 1976, at a rate of
not less than two dollars and twenty cents an hour, and
beginning the calendar year 1977 at a rate of not less
than two dollars and thirty cents an hour.
(5) Any individual eighteen years of age or older employed in a retail or service establishment and who is so
employed primarily in connection with the preparation
or offering of food or beverages for human consumption, either on the premises, or by such services as catering, banquet, box lunch, or curb or counter service,
to the public, to employees, or to members or guests of
members of clubs shall be paid wages beginning with
September 1, 1975, at a rate of not less than two dollars
an hour, and beginning the calendar year 1976, at a rate
of not less than two dollars and twenty cents an hour,
and beginning the calendar year 1977, at a rate of not
less than two dollars and thirty cents an hour. [1975 1st
ex.s. c 289 § 2; 1973 2nd ex.s. c 9 § 1; 1967 ex.s. c 80 §
l; 1961 ex.s. c 18 § 3; 1959 c 294 § 2.]
*Reviser's note: The reference to "section 1(5)(k)(8) of this 1975
a_mendatory act" [1975 !st ex.s. c 289) appears to be erroneous. Sect10n I amended RCW 49.46.010, but the amendment does not contain
a sub-subsection (8) of subsection (5)(k) of that section.
Notification of employers: RCW 49.46.140.
49.46.130 Minimum rate of compensation for employment in excess of forty hour work week--Exceptions. (1) No employer shall employ any of his
49.46.130
employees for a work week longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a
rate not less than one and one-half times the regular
rate at which he is employed, except that the provisions
of this subsection (1) shall not apply to any person exempted pursuant to RCW 49.46.010(5) as now or hereafter amended and the provision of this subsection shall
not apply to employees who request compensating time
off in lieu of overtime pay nor to any individual employed as a seaman whether or not the seaman is employed on a vessel other than an American vessel.
(2) No public agency shall be deemed to have violated subsection (1) of this section with respect to the employment of any employee in fire protection activities or
any employee in law enforcement activities (including
security personnel in correctional institutions) if: (a) In
a work period of twenty-eight consecutive days the employee receives for tours of duty which in the aggregate
exceed two hundred and forty hours; or (b) in the case
of such an employee to whom a work period of at least
seven but less than twenty-eight days applies, in his
work period the employee receives for tours of duty
which in the aggregate exceed a number of hours which
bears the same ratio to the number of consecutive days
in his work period as two hundred forty hours bears to
twenty-eight days; compensation at a rate not less than
one and one-half times the regular rate at which he is
employed: Provided, That this section shall not apply to
any individual employed (i) on a farm, in the employ of
any person, in connection with the cultivation of the
soil, or in connection with raising or harvesting any agricultural or horticultural commodity, including raising,
shearing, feeding, caring for, training, and management
of livestock, bees, poultry, and forbearing animals and
wildlife, or in the employ of the owner or tenant or
other operator of a farm in connection with the operation, management, conservation, improvement, or
maintenance of such farm and its tools and equipment;
or (ii) in packing, packaging, grading, storing or delivering to storage, or to market or to a carrier for transportation to market, any agricultural or horticultural
commodity; or (iii) commercial canning, commercial
freezing, or any other commercial processing, or with
respect to services performed in connection with the
cultivation, raising, harvesting, and processing of oysters or in connection with any agricultural or horticultural commodity after its delivery to a terminal market
for distribution for consumption: Provided further,
That in any industry in which federal law provides for
an overtime payment based on a work week other than
forty hours then provisions of this section shall not apply; however the provisions of the federal law regarding
overtime payment based on a work week other than
forty hours shall nevertheless apply to employees covered by this section without regard to the existence of
actual federal jurisdiction over the industrial activity of
the particular employer within this state: Provided further, That "industry" as that term is used in this section
shall mean a trade, business, industry, or other activity,
or branch, or group thereof, in which individuals are
gainfully employed (Section 3(h) of the Fair Labor
(1975 RCW Supp--p 515)
Title 49:
49.46. 130
Labor Regulations
Standards Act of 1938, as amended (Public Law 93259). [1975 1st ex..s. c 289 § 3.)
Hours of labor: Chapter 49.28 RCW.
49.46.140 Notification of employers. The director of
the department of labor and industries and the commissioner of employment security shall each notify employers of the requirements of *this act through their
regular quarterly notices to employers. [1975 1st ex.s. c
289 § 4.)
*Reviser's note: "this act" (1975 !st ex.s. c 289] consists of RCW
49.46.130, 49.46.140 and 49.46.920 and amendments to RCW 49.46.0IO and 49.46.020.
49.46.920 Effective date--1975 1st ex.s. c 289.
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 September 1,
1975. [1975 1st ex.s. c 289 § 5.)
Chapter 49.52
WAGES-DEDUCTIONSCONTRIBUTIONS-REBATES
Sections
49.52.0IO
49.52.020
Employees' benefit deductions and employer contributions are trust funds-Enforcement.
Lien of party rendering service.
49.52.010 Employees' benefit deductions and employer contributions are trust funds--Enforcement. All
moneys collected by any employer from his or its employees and all money to be paid by any employer as
his contribution for furnishing, either directly, or
through contract, or arrangement with a hospital association, corporation, firm or individual, of medicine,
medical or surgical treatment, nursing, hospital service,
ambulance service, dental service, burial service, or any
or all of the above enumerated services, or any other
necessary service, contingent upon sickness, accident or
death, are hereby declared to be a trust fund for the
purposes for which the same are collected. The trustees
(or their administrator, representative, or agent under
direction of the trustees) of such fund are authorized to
take such action as is deemed necessary to ensure that
the employer contributions are made including, but not
limited to filing actions at law, and filing liens against
moneys due to the employer from the performance of
labor or furnishing of materials to which the employees
contributed their services. Such trust fund is subject to
the provisions of chapter 48.52 RCW. [ 1975 c 34 § I;
1927 c 307 § I; RRS § 7614-1.)
49.52.020 Lien of party rendering service. In case
any employer collecting moneys from his employees or
making contributions to any type of benefit plan for
any or all of the purposes specified in RCW 49.52.010,
shall enter into a contract or arrangement with any
hospital association, corporation, firm or individual, to
furnish any such service to its employees, the association, corporation, firm or individual contracting to furnish such services, shall have a lien upon such trust
(1975 RCW Supp--p 516)
fund prior to all other liens except taxes. The lien hereby created shall attach from the date of the arrangement or contract to furnish such services and may be
foreclosed in the manner provided by law for the foreclosure of other liens on personal property. [ 197 5 c 34 §
2; 1927 c 307 § 2; RRS § 7614-2.)
Chapter 49.60
LAW AGAINST DISCRIMINATION
Sections
49.60.222
Unfair practices with respect to real estate transactions,
facilities or services .
Capital projects for community colleges, bonds for, consideration to
be given minority contractors: RCW 288.58.010.
Capital projects for institutions of higher education, bonds for, consideration to be given minority contractors: RCW 28B.14.0JO.
Sexual equality mandated for public schools: Chapter 28A.85 RCW.
49.60.222 Unfair practices with respect to real estate
transactions, facilities or services. It is an unfair practice
for any person, whether acting for himself or another,
because of sex, marital status, race, creed, color or national origin:
(1) To refuse to engage in a real estate transaction
with a person;
(2) To discriminate against a person in the terms,
conditions or privileges of a real estate transaction or in
the furnishing of facilities or services in connection
therewith;
(3) To refuse to receive or to fail to transmit a bona
fide offer to engage in a real estate transaction from a
person;
(4) To refuse to negotiate for a real estate transaction
with a person;
(5) To represent to a person that real property is not
available for inspection, sale, rental, or lease when in
fact it is so available, or to fail to bring a property listing to his attention, or to refuse to permit him to inspect real property;
(6) To print, circulate, post or mail or cause to be so
published a statement, advertisement or sign, or to use
a form of application for a real estate transaction, or to
~ake a record or inquiry in connection with a prospec~ive. real estat~ transaction, which indicates, directly or
indirectly, an intent to make a limitation, specification,
or discrimination with respect thereto;
(7) To offer, .solicit, accept, use or retain a listing of
real prope~ty with th~ un~erstanding that a person may
be d1scnminated agamst in a real estate transaction or
in the furnishing of facilities or services in connection
therewith;
(8) To expel a person from occupancy of real property;
<?) To discriminate in the course of negotiating, executing or financing a real estate transaction whether by
mortgage, deed of trust, contract or other instrument
impos.in~ a lien or ot~er securit.y in real property or in
negotiating or executing any item or service related
thereto including issuance of title insurance, mortgage
insurance, loan guarantee, or other aspect of the transaction. Nothing in this section shall limit the effect of
Temporary Total Disability
RCW 49.60.176 relating to unfair practices in credit
transactions; or
(10) To attempt to do any of the unfair practices defined in this section.
Notwithstanding any other provision of law, it shall
not be an unfair practice or a denial of civil rights for
any public or private educational institution to separate
the sexes or give preference to or limit use of dormitories, residence halls or other student housing to persons
of one sex or to make distinctions on the basis of marital or family status. [1975 1st ex.s. c 145 § I; 1973 c 141
§ 13; 1969 ex.s. c 167 § 4.]
Severability-1969 ex.s. c 167: See note following RCW
49.60.010.
Title 50
UNEMPLOYMENT COMPENSATION
Chapters
50.04 Definitions.
50.06 Temporary total disability.
50.12 Administration.
50.16 Funds.
50.20 Benefits and claims.
50.24 Contributions by employers.
50.29 Employer experience rating.
50.32 Review, hearings and appeals.
50.44 Special coverage provisions.
"average annual wage" by fifteen percent and if the result is not a multiple of fifty dollars, rounding the result
to the next lower multiple of fifty dollars. The "qualifying weekly wage" shall be computed by multiplying the
"average weekly wage" by fifteen percent and if the result is not a multiple of one dollar, rounding the result
to the next lower multiple of one dollar. The "average
annual wage" for contribution purposes is the quotient
derived by dividing total remuneration reported by all
employers subject to contributions by the average number of workers reported for all months by these same
employers and if the result is not a multiple of one dollar, rounding the result to the next lower multiple of
one dollar. [1975 1st ex.s. c 228 § I; 1973 c 73 § 3; 1970
ex.s. c 2 § 6.]
Effective date--1975 1st ex.s. c 228: "All sections of this 1975
amendatory act are 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 the first
Sunday following signature by the governor." [1975 !st ex.s. c 228 §
19.]
Effective date--1973 c 73: See note following RCW 50.04.030.
Effective date--1970 ex.s. c 2: See note following RCW 50.04.020.
Chapter 50.06
TEMPORARY TOTAL DISABILITY
Sections
50.06.010
50.06.020
50.06.030
50.06.040
50.06.050
Chapter 50.04
DEFINITIONS
Sections
50.04.355
Wages, remuneration--Average annual wage-Average weekly wage--Qualifying annual wageQualifying weekly wage-Average annual wage for
contributions purposes.
50.04.355 Wages, remuneration--A verage annual
wage--A verage weekly wage--Qualifying annual
wage--Qualifying weekly wage--A verage annual
wage for contributions purposes. On or before the fifteen th day of June of each year an "average annual
wage", an "average weekly wage", a "qualifying annual
wage", a "qualifying weekly wage", and an "average
annual wage for contributions purposes" shall be computed from information for the preceding calendar year
including corrections thereof reported within three
months after the close of that year by all employers as
defined in RCW 50.04.080. The "average annual wage"
is the quotient derived by dividing total remuneration
reported by all employers by the average number of
workers reported for all months and if the result is not a
multiple of one dollar, rounding the result to the next
lower multiple of one dollar. The "average annual
wage" thus obtained shall be divided by fifty-two and if
the result is not a multiple of one dollar, rounding the
result to the next lower multiple of one dollar to determine the "average weekly wage''. The "qualifying annual wage" shall be computed by multiplying the
50.06.030
50.06.900
50.06.910
Purpose.
Allowable beneficiaries.
Application for initial determination of disabilitySpecial base year--Special individual benefit year.
Laws and regulations governing amounts·payable and
right to benefits.
Use of wages and time worked for prior claimsEffect.
Chapter prospective.
Partial invalidity of chapter.
50.06.010 Purpose. This chapter is enacted for the
purpose of providing the protection of the unemployment compensation system to workers who have suffered a temporary total disability compensable under
industrial insurance and is a recognition by this legislature of the economic hardship confronting those workers who have not been promptly reemployed after a
prolonged period of temporary total disability. [1975 1st
ex.s. c 228 § 7.]
Effective date--1975 1st ex.s. c 228: See note following RCW
50.04.355.
50.06.020 Allowable beneficiaries. Only individuals
who have suffered a temporary total disability and have
received compensation under the industrial insurance
laws of this state, any other state or the United States
for a period of not less than thirteen consecutive calendar weeks by reason of such temporary total disability
shall be allowed the benefits of this chapter. [ 1975 1st
ex.s. c 228 § 8.)
Effective date--1975 1st ex.s. c 228: See note following RCW
50.04.355.
50.06.030 Application for initial determination of disability--Special base year--Special individual benefit year. An application for initial determination made
[1975 RCW Supp----p 517)
50.06.030
Title 50:
Unemployment Compensation
pursuant to this chapter. to be considered timely. must
be filed in writing with the employment security department within twenty-six weeks following the week in
which the period of temporary total disability commenced. ~otice from the department of labor and industries shall satisfy this requirement. The records of
the agency supervising the award of compensation shall
be conclusive evidence of the fact of temporary disability and the beginning date of such disability. The employment security department shall process and issue an
initial determination of entitlement or nonentitlement
as the case may be.
For the purpose of this chapter, a special base year is
established for an individual consisting of the first four
of the last five completed calendar quarters immediately
prior to the first day of the calendar week in which the
individual's temporary total disability commenced, and
a special individual benefit year is established consisting
of the entire period of disability and a fifty-two consecutive week period commencing with the first day of the
calendar week immediately following the week or part
thereof with respect to which the individual received his
final temporary total disability compensation under the
applicable industrial insurance laws except that no special benefit year shall have a duration in excess of three
hundred twelve calendar weeks: Provided however,
That such special benefit year will not be established
unless the criteria contained in RCW 50.04.030 has
been met, except that an individual meeting the disability and filing requirements of this chapter and who has
an unexpired benefit year established which would
overlap the special benefit year provided by this chapter, notwithstanding the provisions in RCW 50.04.030
relating to the establishment of a subsequent benefit
year and RCW 50.40.010 relating to waiver of rights,
may elect to establish a special benefit year under this
chapter: Provided further, that the unexpired benefit
year shall be terminated with the beginning of the special benefit year if the individual elects to establish such
special benefit year. [1975 1st ex.s. c 228 § 9.]
Effective date---1975 1st ex.s. c 228: See note following RCW
50.04.355.
50.06.040 Laws and regulations governing amounts
payable and right to benefits. The individual's weekly
benefit amount and maximum amount payable during
the special benefit year shall be governed by the provision contained in RCW 50.20.120. The individual's basic and continuing right to benefits shall be governed by
the general laws and regulations relating to the payment
of unemployment compensation benefits to the extent
that they are not in conflict with the provisions of this
chapter. [1975 1st ex.s. c 228 § 10.]
Effective date---1975 1st ex.s. c 228: See note following RCW
50.04.355.
50.06.050 Use of wages and time worked for prior
claims--Effect. The fact that wages, hours or weeks
worked during the special base year may have been
used in the computation of a prior valid claim for unemployment compensation shall not affect a claim for
11975 RCW Supp---p 518)
benefits made pursuant to the provisions of this chapter; however, wages, hours and weeks worked used in
computing entitlement on a claim filed pursuant to this
chapter shall not be available or used for establishing
entitlement or amount of benefits in any succeeding
benefit year. [1975 1st ex.s. c 228 § 11.]
Effective date--1975 1st ex.s. c 228: See note following RCW
50.04.355.
50.06.900 Chapter prospective. This chapter shall be
available only to individuals who suffer a temporary total disability. compensable by an industrial insurance
program, after the effective date of this chapter. [ 1975
1st ex.s. c 228 § 12.]
Effective date---1975 1st ex.s. c 228: See note following RCW
50.04.355.
50.06.910 Partial invalidity of chapter. Should any
part of this chapter be declared unconstitutional by the
final decision of any court or declared out of conformity by the United States secretary of labor, the commissioner shall immediately discontinue the payment of
benefits based on this chapter, declare it inoperative
and report that fact to the governor and the legislature.
[1975 1st ex.s. c 228 § 13.]
Effective date---1975 1st ex.s. c 228: See note following RCW
50.04.355.
Chapter 50.12
ADMINISTRATION
Sections
50.12.070
Employing unit records and reports.
50.12.070 Employing unit records and reports. Each
employing unit shall keep true and accurate work records, containing such information as the commissioner
may prescribe. Such records shall be open to inspection
and be subject to being copied by the commissioner or
his authorized representatives at any reasonable time
and as often as may be necessary. The commissioner
may require from any employing unit any sworn or unsworn reports with respect to persons employed by it,
which he deems necessary for the effective administration of this title. Each employer shall make periodic reports at such intervals as the commissioner may by
regulation prescribe, setting forth the remuneration paid
for employment to workers in its employ, the names of
all such workers, the number of weeks for which the
worker earned the "qualifying weekly wage" and such
other information as the commissioner may by regulation prescribe.
In the event the employing unit fails or has failed to
report the number of weeks in a reporting period for
which a worker earned the "qualifying weekly wage"
such number will be computed by the commissioner
and given the same force and effect as if it had been
reported by the employing unit. In computing the number of such weeks the total wages for the reporting period, as reported by the employing unit, shall be divided
by the dollar amount of the "qualifying weekly wage"
in effect for such reporting period and the quotient,
50.20.190
Benefits And Claims
disregarding any remainder, shall be credited to the
worker: Provided, That the total number of weeks
credited to the worker for any quarterly period shall not
exceed thirteen weeks: Provided, further, That the computation so made will not be subject to appeal by the
employing unit. [1975 !st ex.s. c 228 § 2; 1945 c 35 §
46; Rem. Supp. 1945 § 9998-184. Prior: 1943 c 127 § 8;
1939 c 214 § 9: 1937 c 162 § 11.]
Effective date----1975 1st ex.s. c 228: See note following RCW
50.04.355.
Chapter 50.16
FUNDS
Sections
50.16.020
Administration of funds-Accounts.
50.16.020 Administration of funds--Accounts. The
commissioner shall designate a treasurer and custodian
of the unemployment compensation fund and of the
administrative contingency fund, who shall administer
such funds in accordance with the directions of the
commissioner and shall issue his warrants upon them in
accordance with such regulations as the commissioner
shall prescribe. He shall maintain within the unemployment compensation fund three separate accounts as
follows:
(1) a clearing account,
(2) an unemployment trust fund account, and
(3) a benefit account.
All moneys payable to the unemployment compensation fund, upon receipt thereof by the commissioner,
shall be forwarded to the treasurer, who shall immediately deposit them in the clearing account. Refunds
payable pursuant to the provisions of this title from the
unemployment compensation fund may be paid from
the clearing account upon warrants issued by the treasurer under the direction of the commissioner: Provided, however, That refunds of interest on delinquent
contributions shall be paid from the administrative
contingency fund upon warrants issued by the treasurer
under the direction of the commissioner.
After clearance thereof, all other moneys in the
clearing account shall be immediately deposited with
the Secretary of the Treasury of the United States to the
credit of the account of this state in the unemployment
trust fund, established and maintained pursuant to section 904 of the social security act, as amended, any
provisions of law in this state relating to the deposit,
administration, release, or disbursement of moneys in
the possession or custody of this ·state to the contrary
notwithstanding.
The benefit account shall consist of all moneys requisitioned from this state's account in the unemployment
trust fund. Moneys in the clearing and benefit accounts
and in the administrative contingency fund shall not be
commingled with other state funds, but shall be deposited by the treasurer, under the direction of the commissioner, in any bank or public depository in which
general funds of the state may be deposited, but no
public deposit insurance charge or premium shall be
paid out of the fund.
Such moneys shall be secured by said bank or public
depository to the same extent and in the same manner
as required by the general depository law of the state
and collateral pledged shall be maintained in a separate
custody account.
The treasurer shall give a bond conditioned upon the
faithful performance of his duties as a custodian of the
funds in an amount fixed by the director of the department of general administration and in a form prescribed by law or approved by the attorney general.
Premiums for said bond shall be paid from the administration fund. All sums recovered on official bonds for
losses sustained by the unemployment compensation
fund shall be deposited in such fund. All sums recovered on official bonds for losses sustained by the administrative contingency fund shall be deposited in such
fund. [1975 c 40 § 12; 1953 ex.s. c 8 § 6; 1945 c 35 § 61;
Rem. Supp. 1945 § 9998-199. Prior: 1943 c 126 §§ 6, 9;
1939 c 214 § 11; 1937 c 162 § 13.]
Powers and duties of director of general administration as to official
bonds: RCW 43.19.540.
Chapter 50.20
BENEFITS AND CLAIMS
Sections
50.20.030
50.20.190
Repealed.
Recovery of benefit payments.
50.20.030 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
50.20.190 Recovery of benefit payments. An individual who is paid any amount as benefits under this title
to which he or she is not entitled shall, unless otherwise
relieved pursuant to this section, be liable for repayment of the amount overpaid. The department shall issue an overpayment assessment setting forth the reasons
for and the amount of the overpayment. The amount
assessed, to the extent not collected, may be deducted
from any future benefits payable to the individual: Provided, That in the absence of fraud, misrepresentation,
or wilful nondisclosure, every determination of liability
shall be mailed or personally served not later than two
years after the close of the individual's benefit year in
which the purported overpayment was made unless the
merits of the claim are subjected to administrative or
judicial review in which event the period for serving the
determination of liability shall be extended to allow
service of the determination of liability during the sixmonth period following the final decision affecting the
claim.
The commissioner may waive an overpayment if he
finds that said overpayment was not the result of fraud,
misrepresentation, wilful nondisclosure, or fault attributable to the individual and that the recovery thereof
would be against equity and good conscience: Provided, however, That the overpayment so waived shall be
charged against the individual's applicable entitlement
for the eligibility period containing the weeks to which
the overpayment was attributed as though such benefits
had been properly paid.
(1975 RCW Supp--p 5191
50.20.190
Title 50:
Unemployment Compensation
Any assessment herein provided shall constitute a
determination of liability from which an appeal may be
had in the same manner and to the same extent as provided for appeals relating to determinations in respect
to claims for benefits: Provided, That an appeal from
any determination covering overpayment only, shall be
deemed to be an appeal from the determination which
was the basis for establishing the overpayment unless
the merits involved in the issue set forth in such determination have already been heard and passed upon by
the appeal tribunal. If no such appeal is taken to the
appeal tribunal by the individual within ten days of the
delivery of the notice of determination of liability, or
within ten days of the mailing of the notice of determination, whichever is the earlier, said determination of
liability shall be deemed conclusive and final, and the
court shall, upon application of the commissioner, enter
a judgment in the amount provided by the notice of
determination, which judgment shall have and be given
the same effect as if entered pursuant to civil action.
On request of any agency which administers an employment security law of another state, the United
States or a foreign government and which has found in
accordance with the provisions of such law that a
claimant is liable to repay benefits received under such
law by reason of having knowingly made a false statement or misrepresentation of a material fact with respect to a claim taken in this state as an agent for such
agency, the commissioner may collect the amount of
such benefits from such claimant to be refunded to such
agency. In any case in which under this section a
claimant is liable to repay any amount to the agency of
another state, the United States or a foreign government, such amounts may be collected without interest
by civil action in the name of the commissioner acting
as agent for such agency if the other state, the United
States or the foreign government extends such collection rights to the employment security department of
the state of Washington, and provided that the court
costs be paid by the governmental agency benefiting
from such collection. [1975 1st ex.s. c 228 § 3; 1973 1st
ex.s. c 158 § 7; 1953 ex.s. c 8 § 14; 1951 c 215 § 8; 1947
c 215 § 18; 1945 c 35 § 87; Rem. Supp. 1947 § 9998225. Prior: 1943 c 127 § 12; 1941 c 253 § 13; 1939 c 214
§ 14; 1937 c 162 § 16.]
Effective date---1975 1st ex.s. c 228: See note following RCW
50.04.355.
Effective date---1973 1st ex.s. c 158: See note following RCW
50.08.020.
Government or retirement pension plan payments as remuneration or
wages-Recovery of excess over benefits allowable, limitations:
RCW 50.04.323.
Chapter 50.24
CONTRIBUTIONS BY EMPLOYERS
Sections
50.24.115
Warrant-Authorized-Filing-LienEnforcement.
50.24.115
Warrant--Authorized--Filing-Lien--Enforcement. Whenever any order and notice
of assessment or jeopardy assessment shall have become
(1975 RCW Supp--p 520)
final in accordance with the provisions of this title the
commissioner may file with the clerk of any county
within the state a warrant in the amount of the notice
of assessment plus interest and a filing fee of five dollars. The clerk of the county wherein the warrant is filed
shall immediately designate a superior court cause
number for such warrant, and the clerk shall cause to
be entered in the judgment docket under the superior
court cause number assigned to the warrant, the name
of the employer mentioned in the warrant, the amount
of the tax, interest and filing fee and the date when such
warrant was filed. The aggregate amount of such warrant as docketed shall become a lien upon the title to,
and interest in all real and personal property of the
employer against whom the warrant is issued, the same
as a judgment in a civil case duly docketed in the office
of such clerk. Such warrant so docketed shall be sufficient to support the issuance of writs of execution and
writs of garnishment in favor of the state in the manner
provided by law in the case of civil judgment, wholly or
partially unsatisfied. The clerk of the court shall be entitled to a filing fee of five dollars, which shall be added
to the amount of the warrant, and charged by the commissioner to the employer or employing unit. A copy of
the warrant shall be mailed to the employer or employing unit by certified mail to his last known address
within five days of filing with the clerk. [1975 1st ex.s. c
228 § 15.]
Effective date---1975 1st ex.s. c 228: See note following RCW
50.04.355.
Chapter 50.29
EMPLOYER EXPERIENCE RA TING
Sections
50.29.020
Experience rating accounts.
50.29.020 Experience rating accounts. (1) An experience rating account shall be established and maintained
for each employer based on existing records of the employment security department and shall be effective beginning with July 1, 1967. Benefits paid to any eligible
individuals for benefit years beginning subsequent to
June 30, 1967, shall be charged to the experience rating
accounts of each of his employers during his base year
in the same ratio that the wages paid by each employer
to the individual during the base year bear to the wages
paid by all employers to that individual during that
base year.
(2) The legislature finds that certain benefit payments
should not be charged to the experience rating accounts
of employers whose employees are not covered under
chapter 50.44 RCW, as follows:
(a) Benefits paid to any individuals later determined
to
ineligible shall not be charged to the experience
ratmg account of any contribution paying employer.
(b) Benefits paid to an individual under the provisions of RCW 50.12.050 shall not be charged to the accou~t of any c~:mtri~mtion paying ~mpl~yer if the wage
credits earned m this state by the mdiv1dual during his
base year are less than the minimum amount necessary
to qualify the individual for unemployment benefits.
?e
Special Coverage Provisions
(c) Benefits paid to an individual filing under the
provisions of chapter 50.06 RCW shall not be charged
to the experience rating account of any contribution
paying employer. [1975 !st ex.s. c 228 § 6; 1970 ex.s. c 2
§ 11.]
Effective date--1975 1st ex.s. c 228: See note following RCW
50.04.355.
Effective date--1970 ex.s. c 2: See note following RCW 50.04.020.
Chapter 50.32
REVIEW, HEARINGS AND APPEALS
Sections
50.32.025
50.32.070
50.32.075
Mailed appeal or petition-When deemed filed and
received.
Petition for review by commissioner.
Waiver of time for appeal or petition.
50.32.025 Mailed appeal or petition--When
deemed filed and received. The appeal or petition from a
determination, redetermination, order and notice of assessment, appeals decision, or commissioner's decision
which is (1) transmitted through the United States mail,
shall be deemed filed and received by the addressee on
the date shown by the United States postal service cancellation mark stamped by the United States postal
service employees upon the envelope or other appropriate wrapper containing it or, (2) mailed but not received
by the addressee, or where received and the United
States postal service cancellation mark is illegible, erroneous or omitted, shall be deemed filed and received on
the date it was mailed, if the sender establishes by
competent evidence that the appeal or petition was deposited in the United States mail on or before the date
due for filing: Provided, That in the case of a metered
cancellation mark by the sender and a United States
postal service cancellation mark on the same envelope
or other wrapper, the latter shall control: Provided, further, That in any of the above circumstances, the appeal
or petition must be properly addressed and have sufficient postage affixed thereto. [ 1975 1st ex.s. c 228 § 4;
1969 ex.s. c 200 § 1.]
Effective date--1975 1st ex.s. c 228: See note following RCW
50.04.355.
50.32.070 Petition for review by commissioner.
Within ten days from the date of notification or mailing, whichever is the earlier, of any decision of an appeal tribunal, the commissioner on his own order may,
or upon petition of any interested party shall, take jurisdiction of the proceedings for the purpose of review
thereof. Appeal from any decision of an appeal tribunal
may be perfected so as to prevent finality of such decision if, within ten days from the date of mailing the appeal tribunal decision, or notification thereof, whichever
is the earlier, a petition in writing for review by the
commissioner is received by the commissioner or by
such representative of the commissioner as the commissioner by regulation shall prescribe. The commissioner
may also prevent finality of any decision of an appeal
tribunal and take jurisdiction of the proceedings for his
review thereof by entering an order so providing on his
50.44.040
own motion and mailing a copy thereof to the interested parties within the same period allowed herein for receipt of a petition for review. The time limit provided
herein for the commissioner's assumption of jurisdiction
on his own motion for review shall be deemed to be jurisdictional. [ 1975 I st ex.s. c 228 § 5; 1947 c 215 § 31;
1945 c 35 § 123; Rem. Supp. 1947 § 9998-261.]
Effective date-1975 1st ex.s. c 228: See note following RCW
50.04.355.
50.32.075 Waiver of time for appeal or petition. For
good cause shown the appeal tribunal or the commissioner may waive the time limitations for administrative
appeals or petitions set forth in the provisions of this title. [1975 !st ex.s. c 228 § 16.]
Effective date-1975 1st ex.s. c 228: See note following RCW
50.04.355.
Chapter 50.44
SPECIAL COVERAGE PROVISIONS
Sections
50.44.040
50.44.050
Services excluded under "employment" as used in RCW
50.44.010, 50.44.020, and 50.44.030.
Benefits payable, terms and conditions.
50.44.040 Services excluded under "employment" as
used in RCW 50.44.010, 50.44.020, and 50.44.030. The
term "employment" as used in RCW 50.44.010, 50.44.020, and 50.44.030 shall not include service performed:
(I) In the employ of (a) a church or convention or
association of churches, or (b) an organization which is
operated primarily for religious purposes and which is
operated, supervised, controlled, or principally supported by a church or convention or association of
churches; or
(2) By a duly ordained, commissioned, or licensed
minister of a church in the exercise of his ministry or by
a member of a religious order in the exercise of duties
required by such order; or
(3) In the employ of a nongovernmental educational
institution, approved or accredited by the state board of
education, which is not an "institution of higher education", or in the employ of a nongovernmental preschool. A preschool is an organization devoted
exclusively to the area of child development training of
preschool-age children through an established curriculum of formal classroom and/or laboratory instruction;
or
(4) In a facility conducted for the purpose of carrying
out a program of (a) rehabilitation for individuals
whose earning capacity is impaired by age or physical
or mental deficiency or injury, or (b) providing remunerative work for individuals who because of their impaired physical or mental capacity cannot be readily
absorbed in the competitive labor market, by an individual receiving such rehabilitation or remunerative
work; or
(5) As part of an unemployment work-relief or worktraining program assisted or financed in whole or in
11975 RCW Supp--p 521)
50.44.040
Title 50:
Unemployment Compensation
part by a federal agency or an agency of a state or political subdivision thereof. by an individual receiving
such work-relief or work-training; or
(6) For a hospital in a state prison or other state correctional institution by an inmate of the prison or correctional institution; or
(7) In the employ of a hospital, if such service is performed by a patient of such hospital; or
(8) In the employ of a school, college, or university, if
such service is performed (a) by a student who is enrolled and is regularly attending classes at such school,
college. or university, or (b) by the spouse of such a
student, if such spouse is advised, at the time such
spouse commences to perform such service, that (i) the
employment of such spouse to perform such service is
provided under a program to provide financial assistance to such student by such school, college, or university, and (ii) such employment will not be covered by
any program of unemployment insurance; or
(9) By an individual under the age of twenty-two
who is enrolled at a nonprofit or public educational institution which normally maintains a regular faculty
and curriculum and normally has a regularly organized
body of students in attendance at the place where its
educational activities are carried on as a student in a
full time program, taken for credit at such institution,
which combines academic instruction with work experience, if such service is an integral part of such program,
and such institution has so certified to the employee,
except that this subsection shall not apply to service
performed in a program established for or on behalf of
an employer or group of employers; or
(10) In the employ of the state or one of its instrumentalities or a political subdivision or one of its instrumentalities by an individual who is (a) occupying an
elective office, or (b) who is compensated solely on a fee
or per diem basis; or
( 11) In the employ of the legislature of the state of
Washington by an individual who is compensated pursuant to an agreement which provides for a guaranteed
rate of compensation for irregular hours worked. [1975
lst ex.s. c 67 § l; 1975 c 4 § l; 1973 c 73 § 9; 1971c3 §
21.]
any nonwork period occurring during a term that does
not diminish the individual's salary for the term: Provided further, That benefits based on service in an instructional, research, or principal administrative
capacity in an educational institution other than an institution of higher education shall not be paid to an individual for any week of unemployment which begins
during the period between two successive academic
years, or during a similar period between two regular
terms, whether or not successive, or during a period of
paid sabbatical leave provided for in the individual's
contract, if the individual has a contract or contracts to
perform services in any such capacity in an educational
institution or institutions other than an institution of
higher education for both such academic years or both
such terms; or during any nonwork period occurring
during a term that does not diminish the individual's
salary for the term: Provided further, That any employee of a common school district who is conclusively presumed to have been reemployed pursuant to RCW
28A.67.070 shall be deemed to have a contract for the
ensuing term. [1975 1st ex.s. c 288 § 17; 1973 c 73 § 10;
1971 c 3 § 22.]
Effective date-1975 1st ex.s. c 228: See note following RCW
50.04.355.
Effective date-1973 c 73: See note following RCW 50.04.030.
Title 51
INDUSTRIAL INSURANCE
Chapters
51.04 General provisions.
51.08 Definitions.
51.12 Employments and occupations covered.
51.28 Notice and report of accident--Application for
compensation.
51.32 Compensation--Right to and amount.
51.36 Medical aid.
51.44 Funds.
51.52 Appeals.
Effective date-1973 c 73: See note following RCW 50.04.030.
50.44.050 Benefits payable, terms and conditions.
Benefits based on services in employment covered by or
pursuant to this chapter shall be payable on the same
terms and subject to the same conditions as compensation payable on the basis of other service subject to this
title: Provided however, That benefits based on service
in an instructional, research or principal administrative
capacity in an institution of higher education shall not
be paid to an individual for any week of unemployment
which begins during the period between two successive
academic years, or during a similar period between two
regular terms, whether or not successive, or during a
period of paid sabbatical leave provided for in the individual's contract, if the individual has a contract or
contracts to perform services in any such capacity for
an institution or institutions of higher education for
both such academic years or both such terms; or during
(1975 RCW
Sup~
522)
Chapter 51.04
GENERAL PROVISIONS
Sections
51.04. I I0
Workmen's compensation advisory committee-Members, terms, compensation--Duties--Expenses--Study.
51.04.110 Workmen's compensation advisory committee--Members, terms, compensation--Duties--Expenses--Study. The director shall appoint
a workmen's compensation advisory committee composed of nine members: Three representing subject
workmen, three representing subject employers, one
representing self-insurers, one representing workmen of
self-insurers, and one ex officio member, without a
vote, representing the department, who shall be chairman. This committee shall conduct a continuing study
of any aspects of workmen's compensation as the committee shall determine require their consideration. The
Employments And Occupations Covered
committee shall report its findings to the department or
the board of industrial insurance appeals for such action as deemed appropriate. The members of the committee shall be appointed for a term of three years
commencing on July I, 1971 and the terms of the
members representing the workmen and employers shall
be staggered so that the director shall designate one
member from each such group initially appointed
whose term shall expire on June 30, 1972 and one
member from each such group whose term shall expire
on June 30, 1973. The members shall serve without
compensation, but shall be entitled to expenses as provided in RCW 43.03.050 and 43.03.060. The committee
may hire such experts, if any, as it shall require to discharge its duties, and may utilize such personnel and
facilities of the department and board of industrial insurance appeals as it shall need without charge. All expenses of this committee shall be paid by the
department.
The workmen's compensation advisory committee
created by this section shall conduct a study of the advisability and necessity of deposits by self-insurers into
the reserve fund to guarantee the payments of pensions
established pursuant to this title, and shall report its
findings and recommendations on this study to the department, and the department shall transmit said findings and recommendations to the next regular session
of the legislature. [ 1975 1st ex.s. c 224 § 1; 1972 ex.s. c
43 § 37; 1971 ex.s. c 289 § 67.]
Effective date--1975 1st ex.s. c 224: "This 1975 amendatory act
shall take effect on July 1, 1975." (1975 !st ex.s. c 224 § 20.]
Chapter 51.08
DEFINITIONS
Sections
51.08.012
"Accredited school".
51.08.012 "Accredited school". For the purposes of
this title, "accredited school" means a school or course
of instruction which is:
(1) Approved by the state superintendent of public
instruction, the state board of education, the state
board for community college education, or the state division of vocational education of the *coordinating
council for occupational education; or
(2) Regulated or licensed as to course content by any
agency of the state or under any occupational licensing
act of the state, or recognized by the apprenticeship
council under an agreement registered with the apprenticeship council pursuant to chapter 49.04 RCW. [1975
1st ex.s. c 224 § 2; 1969 ex.s. c 77 § 3.]
*Reviser's note: The "coordinating council for occupational education" was abolished, see RCW 28C.04.500.
Effective date--1975 1st ex.s. c 224: See note following RCW
51.04. l 10.
Chapter 51.12
EMPLOYMENTS AND OCCUPATIONS COVERED
Sections
51.12.035
Volunteers, inclusion for medical aid benefit purposes-"Volunteer" defined.
51.12.100
51.12.035
Maritime occupations--Segregation of payrollsCommon enterprise.
51.12.035 Volunteers, inclusion for medical aid benefit purposes--"Volunteer" defined. (l) Volunteers shall
be deemed employees and/ or workmen, as the case
may be, for all purposes relating to medical aid benefits
under chapter 5 l.36 RCW.
A "volunteer" shall mean a person who performs any
assigned or authorized duties for the state or any agency thereof, except emergency services workers as described by chapter 38.52 RCW, brought about by one's
own free choice, receives no wages, and is registered
and accepted as a volunteer by the state or any agency
thereof, prior to the occurrence of the injury or the
contraction of an occupational disease, for the purpose
of engaging in authorized volunteer service: Provided,
That such person shall be deemed to be a volunteer although he may be granted maintenance and reimbursement for actual expenses necessarily incurred in
performing his assigned or authorized duties.
Any and all premiums or assessments due under this
title on account of such volunteer service shall be the
obligation of and be paid by the state or any agency
thereof which has registered and accepted the services
of volunteers.
(2) Volunteers may be deemed employees and/or
workmen, as the case may be, for all purposes relating
to medical aid benefits under chapter 51.36 RCW at the
option of any city, county, town, special district, municipal corporation, or political subdivision of any type,
or any private nonprofit charitable organization, when
any such unit of local government or any such nonprofit organization has given notice of covering all of its
volunteers to the director prior to the occurrence of the
injury or contraction of an occupational disease.
A "volunteer" shall mean a person who performs any
assigned or authorized duties for any such unit of local
government, or any such organization, except emergency services workers as described by chapter 38.52 RCW,
or firemen covered by chapter 41.24 RCW, brought
about by one's own free choice, receives no wages, and
is registered and accepted as a volunteer by any such
unit of local government, or any such organization
which has given such notice, for the purpose of engaging in authorized volunteer services: Provided, That
such person shall be deemed to be a volunteer although
he may be granted maintenance and reimbursement for
actual expenses necessarily incurred in performing his
assigned or authorized duties.
Any and all premiums or assessments due under this
title on account of such volunteer service for any such
unit of local government, or any such organization shall
be the obligation of and be paid by such organization
which has registered and accepted the services of volunteers and exercised its option to secure the medical
aid benefits under chapter 51.36 RCW for such volunteers. [1975 1st ex.s. c 79 § l; 1974 ex.s. c 171 § 44; 1971
c 20 § l.]
(1975 RCW Supp-p 5231
Title 51:
51.12.100
Industrial Insurance
51.12.100 Maritime occupations--Segregation of
payrolls--Common enterprise. The provisions of this
title shall not apply to a master or member of a crew of
any vessel, or to employers and workmen for whom a
right or obligation exists under the maritime laws for
personal injuries or death of such workmen.
If an accurate segregation of payrolls of workmen for
whom such a right or obligation exists under the maritime laws cannot be made by the employer, the director
is hereby authorized and directed to fix from time to
time a basis for the approximate segregation of the
payrolls of employees to cover the part of their work for
which no right or obligation exists under the maritime
laws for injuries or death occurring in such work, and
the employer, if not a self-insurer, shall pay premiums
on that basis for the time such workmen are engaged in
their work.
Where two or more employers are simultaneously engaged in a common enterprise at one and the same site
or place in maritime occupations under circumstances
in which no right or obligation exists under the maritime laws for personal injuries or death of such workmen, such site or place shall be deemed for the
purposes of this title to be the common plant of such
employers.
In the event payments are made under this title prior
to the final determination under the maritime laws, such
benefits shall be repaid if recovery is subsequently made
under the maritime laws. [ 1975 I st ex.s. c 224 § 3; 1972
ex.s. c 43 § 11; 1961c23 § 51.12.100. Prior: 1931c79 §
I; 1925 ex.s. c Ill§ I; RRS § 7693a.]
Effective date--1975 1st ex.s. c 224: See note following RCW
51.04.1 IO.
Ferry system employees in extrahazardous employment: RCW
47.64.070.
Chapter 51.28
NOTICE AND REPORT OF ACCIDENTAPPLICA TION FOR COMPENSATION
Sections
51.28.010
51.28.025
51.28.070
Notice of accident-Notification of workman's rights.
Duty of employer to report injury or disease-Contents-Penalty.
Claim files and records confidential.
51.28.010 Notice of accident--Notification of
workman's rights. Whenever any accident occurs to any
workman it shall be the duty of such workman or
someone in his behalf to forthwith report such accident
to his employer, superintendent or foreman in charge of
the work, and of the employer to at once report such
accident and the injury resulting therefrom to the department pursuant to RCW 51.28.025, as now or hereafter amended, where the workman has received
treatment from a physician, has been hospitalized, disabled from work, or has died as the apparent result of
such accident and injury.
Upon receipt of such notice of accident, the department shall immediately forward to the workman or his
beneficiaries or dependents notification, in nontechnical
language, of their rights under this title. [1975 1st ex.s. c
11975 RCW Supp--p 524)
224 § 4; 1971 ex.s. c 289 § 5; 1961 c 23 § 51.28.010.
Prior: 1915 c 188 § 9; 1911 c 74 § 14: RRS § 7689.]
Effective date--1975 1st ex.s. c 224: See note following RCW
51.04.110.
Effective dates-Severability-1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.
51.28.025 Duty of employer to report injury or disease--Contents--Penalty. (1) Whenever an employer has notice or knowledge of an injury or
occupational disease sustained by any workman in his
employment who has received treatment from a physician, has been hospitalized, disabled from work or has
died as the apparent result of such injury or occupational disease, he shall immediately report the same to
the department on forms prescribed by it. The report
shall include:
(a) The name, address, and business of the employer;
(b) The name, address, and occupation of the
workman;
(c) The date, time, cause, and nature of the injury or
occupational disease;
(d) Whether the injury or occupational disease arose
in the course of the injured workman's employment;
(e) All available information pertaining to the nature
of the injury or occupational disease including but not
limited to any visible signs, any complaints of the
workman. any time lost from work, and the observable
effect on the workman's bodily functions, so far as is
known; and
(f) Such other pertinent information as the department may prescribe by regulation.
(2) Failure or refusal to file the report required by
subsection (1) shall subject the offending employer to a
penalty of one hundred dollars for each offense, to be
collected in a civil action in the name of the department
and paid into the supplemental pension fund. [ 1975 1st
ex.s. c 224 § 5; 1971 ex.s. c 289 § 39.]
Effective date--1975 1st ex.s. c 224: See note following RCW
51.04.110.
Effective dates-Severability--1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.
51.28.070 Claim files and records confidential. Information contained in the claim files and records of injured workmen, under the provisions of this title, shall
?e deez:ned confidential and shall not be open to public
mspect10n (other than to public employees in the performance of their official duties), but representatives of
a claimant, be it an individual or an organization, may
review a claim file or receive specific information therefrom upon the presentation of the signed authorization
of the claimant. Employers or their duly authorized
representatives may review any files of their own injured workmen in connection with any pending claims.
Physicians treating or examining workmen claiming
benefits under this title, or physicians giving medical
advic~ to ~he department regardi1_1g any claim may, at
the discretion of the department, mspect the claim files
and records of ~njured_ workmen, and other persons
may make such mspect10n, at the departments discretion, when such persons are rendering assistance to the
Compensation--Right to And Amount
51.32.040
department at any stage of t?e. pro~eedings ?n ~ny
matter pertaining to the admm1strat10n of this t~tle.
[1975 !st ex.s. c 224 § 6; 1961 c 23 § 51.28.070. Pnor:
1957 c 70 § 51.]
Effective dates-Severability--1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.
Saving--Severability-Repeal and saving--Effective date-1923 c 136: See notes following RCW 51.04.030.
Effective date--1975 1st ex.s. c 224: See note following RCW
51.04.1 IO.
51.32.025 Payments for children cease at age eighteen--Exceptions. Any payments to or on account of
any child or children of a deceased or temporarily or
totally permanently disabled workman pursuant to any
of the provisions of chapter 51.32 RCW shall terminate
when any such child reaches the age of eighteen years
unless such child is a dependent invalid child or is permanently enrolled at a full time course in an accredited
school, in which case such payments after age eighteen
shall be made directly to such child. Payments to any
dependent invalid child over the age of eighteen years
shall continue in the amount previously paid on account of such child until he shall cease to be dependent.
Payments to any child over the age of eighteen years
permanently enrolled at a full time course in an accredited school shall continue in the amount previously
paid on account of such child until he reaches an age
over that provided for in the definition of "child" in this
title or ceases to be permanently enrolled whichever occurs first. Where the workman sustains an injury or dies
when any of his children is over the age of eighteen
years and is either a dependent invalid child or is a
child permanently enrolled at a full time course in an
accredited school the payment to or on account of any
such child shall be made as herein provided. [ 1975 I st
ex.s. c 224 § 11.)
Chapter 51.32
COMPENSATION-RIGHT TO AND AMOUNT
Sections
51.32.005
51.32.010
51.32.025
51.32.040
51.32.050
51.32.060
51.32.070
51.32.072
51.32.073
51.32.073
51.32.075
51.32.090
51.32.220
51.32.240
Repealed.
Who entitled to compensation.
Payments for children cease at age eighteenExceptions.
Exemption of awards-Payment of awards after
death-Time limitations for filing-Confinement
in institution under conviction and sentence.
Death benefits.
Permanent total disability compensation--Personal
attendant.
Repealed.
Additional payments for prior pensioners-Children-Remarriage-Attendant.
Additional payments for prior pensioners-Premium
liability of workman and employer for additional payments (as amended by 1975 !st ex.s. c 224).
Additional payments for prior pensioners-Premium
liability of workman and employer for additional payments (as amended by 1975 !st ex.s. c 286).
Adjustments in compensation or death benefits.
Temporary total disability-Partial restoration of
earning power-Return to available work-When
employer continues wages-Limitation.
Reduction in compensation for temporary or permanent
total disability-Limitation.
Payments made due to error, mistake, erroneous adjudication, fraud, etc.
51.32.005 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
51.32.010 Who entitled to compensation. Each workman injured in the course of his employment, or his
family or dependents in case of death of the workman,
shall receive compensation in accordance with this
chapter, and, except as in this title otherwise provided,
such payment shall be in lieu of any and all rights of
action whatsoever against any person whomsoever:
Provided, That if an injured workman, or the surviving
spouse of an injured workman shall not have the legal
custody of a child for, or on account of whom payments are required to be made under this title, such
payment or payments shall be made to the person or
persons having the legal custody of such child but only
for the periods of time after the department has been
notified of the fact of such legal custody, and it shall be
the duty of any such person or persons receiving payments because of legal custody of any child immediately to notify the department of any change in such legal
custody. [1975 1st ex.s. c 224 § 7; 1971 ex.s. c 289 § 40;
1961 c 23 § 51.32.010. Prior: 1957 c 70 § 26; prior: 1949
c 219 § I, part; 1947 c 246 § I, part; 1929 c 132 § 2,
part; 1927 c 310 § 4, part; 1923 c 136 § 2, part; 1919 c
131 § 4, part; 1917 c 28 § I, part; 1913 c 148 § 1, part;
1911 c 74 § 5, part; Rem. Supp. 1949 § 7679, part.]
Effective date--1975 1st ex.s. c 224: See note following RCW
51.04.110.
Effective date--1975 1st ex.s. c 224: See note following RCW
51.04.110.
51.32.040 Exemption of awards--Payment of
awards after death--Time limitations for filing-Confinement in institution under conviction and sentence. No money paid or payable under this title shall,
except as provided for in RCW 74.20A.090 and 74.20A.l 00, prior to the issuance and delivery of the check
or warrant therefor, be capable of being assigned,
charged, or ever be taken in execution or attached or
garnished, nor shall the same pass, or be paid, to any
other person by operation of law, or by any form of
voluntary assignment, or power of attorney. Any such
assignment or charge shall be void: Provided, That if
any workman suffers a permanent partial injury, and
dies from some other cause than the accident which
produced such injury before he shall have received
payment of his award for such permanent partial injury,
or if any workman suffers any other injury before he
shall have received payment of any monthly installment
covering any period of time prior to his death, the
amount of such permanent partial award, or of such
monthly payment or both, shall be paid to the surviving
spouse, or to the child or children if there is no surviving spouse: Provided further, That, if any workman
suffers an injury and dies therefrom before he shall
have received payment of any monthly installment covering time loss for any period of time prior to his death,
the amount of such monthly payment shall be paid to
the surviving spouse, or to the child or children if there
(1975 RCW Supp---p 5251
51..32.040
Title 51:
Industrial Insurance
is no surviving spouse: Pro\'ided further, That any application for compensation under the foregoing provisos
of this section shall be filed with the department or selfinsuring employer within one year of the date of death:
Provided further, That if the injured workman resided
in the United States as long as three years prior to the
date of injury, such payment shall not be made to any
surviving spouse or child who was at the time of the injury a nonresident of the United States: Provided further, That any workman receiving benefits under this
title who is subsequently confined in, or who subsequently becomes eligible therefor while confined in any
institution under conviction and sentence shall have all
payments of such compensation canceled during the
period of confinement but after discharge from the institution payment of benefits thereafter due shall be
paid if such workman would, but for the provisions of
this proviso, otherwise be entitled thereto: Provided
further, That if any prisoner is injured in the course of
his employment while participating in a work or training release program authorized by chapter 72.65 RCW
and is subject to the provisions of this title, he shall be
entitled to payments under this title subject to the requirements of chapter 72.65 RCW unless his participation in such program has been canceled, or unless he is
returned to a state correctional institution, as defined in
RCW 72.65.010(3), as a result of revocation of parole or
new sentence: Provided further, That if such incarcerated workman has during such confinement period, any
beneficiaries, they shall be paid directly the monthly
benefits which would have been paid to him for himself
and his beneficiaries had he not been so confined. Any
lump sum benefits to which the workman would otherwise be entitled but for the provisions of these provisos
shall be paid on a monthly basis to his beneficiaries.
[1975 1st ex.s. c 224 § 8; 1974 ex.s. c 30 § 1. Prior: 1973
1st ex.s. c 154 § 95; 1972 ex.s. c 43 § 18; 1971 ex.s. c
289 § 43; 1965 ex.s. c 165 § 2; 1961 c 23 § 51.32.040;
prior: 1957 c 70 § 29; prior: 1947 c 56 § 1, part; 1927 c
310 § 7, part; 1923 c 136 § 4, part; 1921 c 182 § 6, part;
1919 c 131 § 6, part; 1911 c 74 § 10, part; Rem. Supp.
1947 § 7684, part.]
Effective date--1975 1st ex.s. c 224: See note following RCW
51.04. I JO.
Severability-1973 1st ex.s. c 154: See note following RCW
2.12.030.
Saving-Severability-Repeal and saving-Effective date-1923 c 136: See notes following RCW 51.04.030.
51.32.050 Death benefits. (1) Where death results
from the injury the expenses of burial not to exceed one
thousand dollars shall be paid.
(2) Where death results from the injury, a surviving
spouse of a deceased workman eligible for benefits under this title shall receive monthly for life or until remarriage the following sums: (a) If there are no
children of the deceased workman, sixty percent of the
wages of the deceased workman but not less than one
hundred eighty-five dollars. (b) If there is one child of
the deceased workman and in the legal custody of such
spouse. sixty-two percent of the wages of the deceased
workman but not less than two hundred twenty-two
(1975 RCW Supp--p 526)
dollars. (c) If there are two children of the deceased
workman and in the legal custody of such spouse, sixtyfour percent of the wages of the deceased workman but
not less than two hundred fifty-three dollars. (d) If
there are three children of the deceased workman and
in the legal custody of such spouse, sixty-six percent of
the wages of the deceased workman but not less than
two hundred seventy-six dollars. (e) If there are four
children of the deceased workman and in the legal custody of such spouse, sixty-eight percent of the wages of
the deceased workman but not less than two hundred
ninety-nine dollars. (f) If there are five or more children
of the deceased workman and in the legal custody of
such spouse, seventy percent of the wages of the deceased workman but not less than three hundred twenty-two dollars. (g) Where the surviving spouse does not
have legal custody of any child or children of the deceased workman or where after the death of the workman legal custody of such child or children passes from
such surviving spouse to another, any payment on account of such child or children not in the legal custody
of the surviving spouse shall be made to the person or
persons having legal custody of such child or children.
The amount of such payments shall be five percent of
the wages of the deceased workman for each such child
but such payments shall not exceed twenty-five percent.
Such payments on account of such child or children
shall be subtracted from the amount to which such surviving spouse would have been entitled had such surviving spouse had legal custody of all of the children
and the surviving spouse shall receive the remainder after such payments on account of such child or children
have been subtracted. Such payments on account of a
child or children not in the legal custody of such surviving spouse shall be apportioned equally among such
children.
Payments to the surviving spouse of the deceased
workman shall cease at the end of the month in which
remarriage occurs: Provided, That the monthly payment made to the child or children of the deceased
workman shall from the month following such remarriage be a sum equal to five percent of the wages of the
deceased workman for one child and a sum equal to
five percent for each additional child up to a maximum
of five such children. Payments to such child or children shall be apportioned equally among such children.
Such sum shall be in place of any payments theretofore
made for the benefit of or on account of any such child
or c?ildr~n. In no event shall the monthly payments
provided m subsection (2) of this section exceed seventy-five percent of the average monthly wage in the state
as computed under RCW 51.08.018.
In addition to the monthly payments above provided
for, a surviving spouse or child or children of such
workman if there is no surviving spouse, or dependent
parent or parents, if there is no surviving spouse or
child or children of any such deceased workman shall
be forth~ith paid the sum of eight hundred dollars, any
such children, or parents to share and share alike in
said sum.
Upon remarriage o_f a survi~ing spouse the monthly
payments for the child or children shall continue as
Compensation--Right to And Amount
provided in this section, but the monthly payments to
such surviving spouse shall cease at the end of the
month during which remarriage occurs, and the surviving spouse shall have an option of:
(i) He or she shall receive, once and for all, a lump
sum of seventy-five hundred dollars or fifty percent of
the then remaining annuity value of his or her pension,
whichever is the lesser.
(ii) If a surviving spouse does not choose the option
specified in subsection (2)(i) of this section, to accept
the lump sum payment, the remarriage of the surviving
spouse of a workman shall not bar him or her from exercising the option granted in subsection (2)(i) of this
section during the life of the remarriage and shall not
prevent subsequent monthly payments to him or to her
if the remarriage has been terminated by death or has
been dissolved or annulled by valid court decree provided he or she has not previously accepted the lump
sum payment provided in this section: Provided, however, That if the surviving spouse during the remarriage
should die without having previously received the lump
sum payment provided herein his or her estate shall be
entitled to receive the sum of seventy-five hundred dollars or fifty percent of the then remaining annuity value
of his or her pension whichever is the lesser.
The effective date of an award of payments to a surviving spouse based upon termination of a remarriage
by death, annulment, or dissolution shall be the date of
the death, or the date the judicial decree of annulment
or dissolution becomes final and when application for
the payments has been received.
(3) If there is a child or children and no surviving
spouse of the deceased workman or the surviving
spouse is not eligible for benefits under this title, a sum
equal to thirty-five percent of the wages of the deceased
workman shall be paid monthly for one child and a
sum equivalent to fifteen percent of such wage shall be
paid monthly for each additional child, the total of such
sum to be divided among such children, share and
share alike: Provided, That benefits under this subsection or subsection (4) shall not exceed sixty-five percent
of the wages of the deceased workman at the time of his
death or seventy-five percent of the average monthly
wage in the state as defined in RCW 51.08.018, whichever is the lesser of the two sums.
(4) In the event a surviving spouse receiving monthly
payments dies, the child or children of the deceased
workman shall receive the same payment as provided in
subsection (3) of this section.
(5) If the workman leaves no surviving spouse or
child, but leaves a dependent or dependents, a monthly
payment shall be made to each aependent equal to fifty
percent of the average monthly support actually received by such dependent from the workman during the
twelve months next preceding the occurrence of the injury, but the total payment to all dependents in any
case shall not exceed sixty-five percent of the wages of
the deceased workman at the time of the death or seventy-five percent of the average monthly wage in the
state as defined in RCW 51.08.018, whichever is the
lesser of the two sums. If any dependent is under the
age of eighteen years at the time of the occurrence of
51.32.060
the injury, the payment to such dependent shall cease
when such dependent reaches the age of eighteen years
except such payments shall continue until the dependent reaches age twenty-three while permanently enrolled at a full time course in an accredited school. The
payment to any dependent shall cease if and when, under the same circumstances, the necessity creating the
dependency would have ceased if the injury had not
happened.
(6) If the injured workman dies during the period of
permanent total disability, whatever the cause of death,
leaving a surviving spouse, or child, or children, the
surviving spouse or child or children shall receive benefits as if death resulted from the injury as provided in
subsections (2) through (4) of this section. Upon remarriage or death of such surviving spouse the payments to
such child or children shall be made as provided in
subsection (2) of this section when the surviving spouse
of a deceased workman remarries. [ 1975 1st ex.s. c 179
§I; 1973 1st ex.s. c 154 § 96; 1972 ex.s. c 43 § 19; 1971
ex.s. c 289 § 7; 1965 ex.s. c 122 § l; 1961 c 274 § I;
1961 c 23 § 51.32.050. Prior: 1957 c 70 § 30; 1951 c 115
§ I; prior: 1949 c 219 § I, part; 1947 c 246 § I, part;
1929 c 132 § 2, part; 1927 c 310 § 4, part; 1923 c 136 §
2, part; 1919 c 131 § 4, part; 1917 c 28 § I, part; 1913 c
148 § I, part; 1911 c 74 § 5, part; Rem. Supp. 1949 §
7679, part.]
Severability-1973 1st ex.s. c 154: See note following RCW
2.12.030.
Saving-Severability-Repeal and saving-Effective date-1923 c 136: See notes following RCW 51.04.030.
51.32.060 Permanent total disability compensation--Personal attendant. When the supervisor of industrial insurance shall determine that permanent total
disability results from the injury, the workman shall receive monthly during the period of such disability:
(1) If married at the time of injury, sixty-five percent
of his wages but not less than two hundred fifteen dollars per month.
(2) If married with one child at the time of injury,
sixty-seven percent of his wages but not less than two
hundred fifty-two dollars per month.
(3) If married with two children at the time of injury,
sixty-nine percent of his wages but not less than two
hundred eighty-three dollars.
(4) If married with three children at the time of injury, seventy-one percent of his wages but not less than
three hundred six dollars per month.
(5) If married with four children at the time of injury,
seventy-three percent of his wages but not less than
three hundred twenty-nine dollars per month.
(6) If married with five or more children at the time
of injury, seventy-five percent of his wages but not less
than three hundred fifty-two dollars per month.
(7) If unmarried at the time of the injury, sixty percent of his wages but not less than one hundred eightyfive dollars per month.
(8) If unmarried with one child at the time of injury,
sixty-two percent of his wages but not less than two
hundred twenty-two dollars per month.
(1975 RCW Supp--p 527)
51.32.060
Title 51:
Industrial Insurance
(9) If unmarried with two children at the time of injury. sixty-four percent of his wages but not less than
two hundred fifty-three dollars per month.
(I 0) If unmarried with three children at the time of
injury. sixty-six percent of his wages but not less than
two hundred seventy-six dollars per month.
( 11) If unmarried with four children at the time of
injury, sixty-eight percent of his wages but not less than
two hundred ninety-nine dollars per month.
( 12) If unmarried with five or more children at the
time of injury, seventy percent of his wages but not less
than three hundred twenty-two dollars per month.
(13) For any period of time where both husband and
wife are entitled to compensation as temporarily or totally disabled workmen, only that spouse having the
higher wages of the two shall be entitled to claim their
child or children for compensation purposes.
(14) In case of permanent total disability, if the character of the injury is such as to render the workman so
physically helpless as to require the hiring of the services of an attendant, the department shall make monthly payments to such attendant for such services as long
as such requirement continues, but such payments shall
not obtain or be operative while the workman is receiving care under or pursuant to the provisions of chapters
51.36 and 51.40 RCW.
(15) Should any further accident result in the permanent total disability of an injured workman, he shall receive the pension to which he would be entitled,
notwithstanding the payment of a lump sum for his
prior injury.
(16) In no event shall the monthly payments provided
in this section exceed seventy-five percent of the average monthly wage in the state as computed under the
provisions of RCW 51.08.018, except that this limitation
shall not apply to the payments provided for in subsection (14) of this section. [1975 1st ex.s. c 224 § 9; 1973 c
147 § 1; 1972 ex.s. c 43 § 20; 1971 ex.s. c 289 § 8; 1965
ex.s. c 122 § 2; 1961 c 274 § 2; 1961 c 23 § 51.32.060.
Prior: 1957 c 70 § 31; 1951c115 § 2; prior: 1949 c 219
§ 1, part; 1947 c 246 § 1, part; 1929 c 132 § 2, part;
1927 c 310 § 4, part; 1923 c 136 § 2, part; 1919 c 131 §
4, part; 1917 c 28 § 1, part; 1913 c 148 § 1, part; 1911 c
74 § 5, part; Rem. Supp. 1949 § 7679, part.]
Effective date--1975 1st ex.s. c 224: See note following RCW
51.04.l JO.
Saving-Severability-Repeal and saving-Effective date-1923 c 136: See notes following RCW 51.04.030.
51.32.070 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
51.32.072 Additional payments for prior pensioners--Children--Remarriage--Attendant. Notwithstanding any other provision of law, every surviving
spouse and every permanently totally disabled workman or temporarily totally disabled workman, if such
workman was unmarried at the time of his injury or
was then married but the marriage was later terminated
by judicial action, receiving a pension or compensation
for temporary total disability under this title pursuant
to compensation schedules in effect prior to July I,
1971, shall after July I, 1975, be paid fifty percent of
(1975 RCW Supp---p 528)
the average monthly wage in the state as computed under RCW 51.08.018 per month and an amount equal to
five percent of such average monthly wage per month to
such totally disabled workman if married at the time of
his injury and the marriage was not later terminated by
judicial action, and an additional two percent of such
average monthly wage for each child of such totally
disabled workman at the time of injury in the legal custody of such totally disabled workman or such surviving
spouse up to a maximum of five such children. The
monthly payments such surviving spouse or totally disabled workman are receiving pursuant to compensation
schedules in effect prior to July l, 1971 shall be deducted from the monthly payments above specified.
Where such a surviving spouse has remarried, or
where any such child of such workman, whether living
or deceased, is not in the legal custody of such workman or such surviving spouse there shall be paid for the
benefit of and on account of each such child a sum
equal to two percent of such average monthly wage up
to a maximum of five such children in addition to any
payments theretofore paid under compensation schedules in effect prior to July 1, 1971 for the benefit of and
on account of each such child. In the case of any child
or children of a deceased workman not leaving a surviving spouse or where the surviving spouse has later
died, there shall be paid for the benefit of and on account of each such child a sum equal to two percent of
such average monthly wage up to a maximum of five
such children in addition to any payments theretofore
paid under such schedules for the benefit of and on account of each such child.
If the character of the injury or occupational disease
is such as to render the workman so physically helpless
as to require the hiring of the services of an attendant,
the department shall make monthly payments to such
attendant for such services as long as such requirement
continues but such payments shall not obtain or be operative while the workman is receiving care under or
pursuant to the provisions of this title except for care
granted at the discretion of the supervisor pursuant to
RCW 51.36.010: Provided, That such payments shall
not be considered compensation nor shall they be subject to any limitation upon total compensation
payments.
No part of such additional payments shall be payable
from the accident fund.
The director shall pay monthly from the supplemental pension fund such an amount as will, when added to
the compensation theretofore paid under compensation
schedules in effect prior to July 1, 1971, equal the
amounts hereinabove specified.
In cases where money has been or shall be advanced
to any such person from the pension reserve, the additional amount to be paid under this section shall be reduced by the amount of monthly pension which was or
is predicated upon such advanced portion of the pension reserve. [1975 1st ex.s. c 224 § 12.)
Effective date--1975 1st ex.s. c 224: See note following RCW
51.04.110.
Compensation--Right to And Amount
51.32.073 Additional payments for prior pensioners--Premium
liability of workman and employer for additional payments (as amended
by 1975 1st ex.s. c 224). Each employer shall retain from the earnings
of each workman that amount as shall be fixed from time to time by
the director, the basis for measuring said amount to be determined by
the director. The money so retained shall be matched in an equal
amount by each employer, and all such moneys shall be remitted to
the department in such manner and at such intervals as the department directs and shall be placed in the supplemental pension fund:
Provided, That the state apprenticeship council shall pay the entire
amount into the supplemental pension fund for registered apprentices
or trainees during their participation in supplemental and related instruction classes. The moneys so collected shall be used exclusively
for the additional payments from the supplemental pension fund prescribed in this title and shall be no more than necessary to make such
payments on a current basis. [1975 !st ex.s. c 224 § JO; 1973 c 110 §
3; 1972 ex.s. c 43 § 24; 1971 ex.s. c 289 § 17.)
Effective date--1975 1st ex.s. c 224: See note following RCW
51.04.1 JO.
51.32.073 Additional payments for prior pensioners--Premium
liability of workman and employer for additional payments (as amended
by 1975 1st ex.s. c 286). Each employer shall retain from the earnings
of each workman that amount as shall be fixed from time to time by
the director, the basis for measuring said amount to be determined by
the director. The money so retained shall be matched in an equal
amount by each employer, and all such moneys shall be remitted to
the department in such manner and at such intervals as the department directs and shall be placed in the supplemental pension fund:
Provided, That the state apprenticeship council shall pay the entire
amount into the supplemental pension fund for registered apprentices
or trainees during their participation in supplemental and related instruction classes. The moneys so collected shall be used exclusively
for the additional payments prescribed in *RCW 51.32.070 and for
the amount of any increase payable under the provisions of RCW
51.32.075 and shall be no more than necessary to make such payments on a current basis. [1975 !st ex.s. c 286 § I; 1973 c !JO§ 3;
1972 ex.s. c 43 § 24; 1971 ex.s. c 289 § 17.)
Reviser's note: (I) RCW 51.32.073 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.
*(2) "RCW 51.32.070" was repealed by 1975 !st ex.s. c 224 § 19.
51.32.075 Adjustments in compensation or death
benefits. Effective July I of each year, the compensation
or death benefits payable pursuant to the provisions of
this chapter, for temporary total disability, permanent
total disability or death arising out of injuries or occupational diseases shall be adjusted as follows:
(I) For those whose right to compensation was ~stab­
lished on or after July I, 1971, and before July I, 1975,
an initial adjustment shall be determined by multiplying
the amount of compensation to which they are entitled
by a fraction, the denominator of which shall be the
maximum amount of compensation payable for the fiscal year in which such person's right to compensation
was established, and the numerator of which shall be
the maximum amount of compensation payable in the
fiscal year ending June 30, 1975. After the initial adjustment has been made, subsequent adjustments shall
be made in the same manner as provided in RCW 51.32.075, provided that the base upon which such subsequent adjustments are made shall be the amount of
compensation determined after the initial adjustment.
[1975 1st ex.s. c 286 § 2.]
51.32.090
51.32.090 Temporary total disability--Partial restoration of earning power--Return to available
work--When employer continues wages--Limitation. (I) When the total disability is only temporary, the
schedule of payments contained in subdivisions (I)
through (13) of RCW 51.32.060 as amended shall apply,
so long as the total disability continues.
(2) Any compensation payable under this section for
children not in the custody of the injured workman as
of the date of injury shall be payable only to such person as actually is providing the support for such child
or children pursuant to the order of a court of record
providing for support of such child or children.
(3) As soon as recovery is so complete that the
present earning power of the workman, at any kind of
work, is restored to that existing at the time of the occurrence of the injury, the payments shall cease. If and
so long as the present earning power is only partially
restored, the payments shall continue in the proportion
which the new earning power shall bear to the old. No
compensation shall be payable unless the loss of earning power shall exceed five percent.
(4) Whenever an employer requests that a workman
who is entitled to temporary total disability under this
chapter be certified by a physician as able to perform
available work other than his usual work, the employer
shall furnish to the physician, with a copy to the workman, a statement describing the available work in terms
that will enable the physician to relate the physical activities of the job to the workman's disability. The physician shall then determine whether the workman is
physically able to perform the work described. If the
workman is released by his physician for said work, and
the work thereafter comes to an end before the workman's recovery is sufficient in the judgment of his physician to permit him to return to his usual job, or to
perform other available work, the workman's temporary
total disability payments shall be resumed. Should the
available work described, once undertaken by the
workman, impede his recovery to the extent that in the
judgment of his physician he should not continue to
work, the workman's temporary total disability payments shall be resumed when the workman ceases such
work.
Once the workman returns to work under the terms
of this subsection, he shall not be assigned by the employer to work other than the available work described
without the workman's written consent, or without prior
review and approval by the workman's physician.
In the event of any dispute as to the workman's ability to perform the available work offered by the employer, the department shall make the final
determination.
(5) No workman shall receive compensation for or
during the day on which injury was received or the
three days following the same, unless his disability shall
continue for a period of fourteen consecutive calendar
days from date of injury.
(6) Should a workman suffer a temporary total disability and should his employer at the time of the injury
continue to pay him the wages which he was earning at
the time of such injury, such injured workman shall not
(1975 RCW Supp---p 529)
51.32.090
Title 51:
Industrial Insurance
receive any payment provided in subsection (1) of this
section during the period his employer shall so pay such
wages.
(7) In no event shall the monthly payments provided
in this section exceed seventy-five percent of the average monthly wage in the state as computed under the
provisions of RCW 51.08.018. [1975 !st ex.s. c 235 § I;
1972 ex.s. c 43 § 22; 1971ex.s.c289 § 11; 1965 ex.s. c
122 § 3; 1961 c 274 § 4; 1961 c 23 § 51.32.090. Prior:
1957 c 70 § 33; 1955 c 74 § 8; prior: 1951 c 115 § 3;
1949 c 219 § 1, part; 1947 c 246 § I, part; 1929 c 132 §
2, part; 1927 c 310 § 4, part; 1923 c 136 § 2, part; 1919
c 131 § 4, part; 1917 c 28 § 1, part; 1913 c 148 § 1, part;
1911c74 § 5, part; Rem. Supp. 1949 § 7679, part.]
Saving--Severability--Repeal and saving-Effective date-1923 c 136: See notes following RCW 51.04.030.
51.32.220 Reduction in compensation for temporary
or permanent total disability--Limitation. For persons
under the age of sixty-two receiving compensation for
temporary or permanent total disability pursuant to the
provisions of chapter 51.32 RCW, such compensation
shall be reduced by an amount equal to the benefits
payable under the federal old-age, survivors and disability insurance act as now or hereafter amended not to
exceed the amount of the reduction established pursuant to 42 USC 424a. However, such reduction shall not
apply when the combined compensation provided pursuant to chapter 51.32 RCW and the federal old-age,
survivors and disability insurance act is less than the
total benefits to which the federal reduction would apply, pursuant to 42 USC 424a. [1975 1st ex.s. c 286 § 3.]
51.32.240 Payments made due to error, mistake, erroneous adjudication, fraud, etc. (1) Whenever any payment of benefits under this title 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 on any
claim with the state fund or self-insurer, as the case
may be. The department or self-insurer, as the case
may be, must make claim for such repayment or recoupment within one year of the making of any such
payment or it will be deemed any claim therefor has
been waived. The director, pursuant to rules adopted in
accordance with the procedures provided in the administrative procedure act, chapter 34.04 RCW, may exercise his discretion to waive, in whole or in part, the
amount of any such timely claim where the recovery
would be against equity and good conscience.
(2) Whenever any payment of benefits under this title
has been made pursuant to an adjudication by the department or by order of the board or any court and
timely appeal therefrom has been made where 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 on any claim with the
(1975 RCW Supp---p 5301
state fund or self-insurer, as the case may be. The director, pursuant to rules adopted in accordance with the
procedures provided in the administrative procedure
act, chapter 34.04 RCW, may exercise his discretion to
waive, in whole or in part, the amount of any such
payments where the recovery would be against equity
and good conscience.
(3) Whenever any payment of benefits under this title
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 on any claim with
the state fund or self-insurer against whom the fraud
was committed, as the case may be, and the amount of
such penalty shall be placed in the supplemental pension fund. Such repayment or recoupment must be demanded or ordered within one year of the discovery of
the fraud. [1975 1st ex.s. c 224 § 13.]
Effective date--1975 1st ex.s. c 224: See note following RCW
51.04.110.
Chapter 51.36
MEDICAL AID
Sections
51.36.010
51.36.020
51.36.060
Extent and duration.
Transportation to place of treatment--Artificial substitutes and mechanical aids.
Duties of attending physician--Medical information.
51.36.010 Extent and duration. Upon the occurrence
of any injury to a workman entitled to compensation
under the provisions of this title, he shall receive proper
and necessary medical and surgical services at the
hands of a physician of his own choice, if conveniently
located, and proper and necessary hospital care and
services during the period of his disability from such
injury, but the same shall be limited in point of duration as follows:
In the case of permanent partial disability, not to extend beyond the date when compensation shall be
awarded him, except when the workman returned to
work before permanent partial disability award is made,
in such case not to extend beyond the time when
monthly allowances to him shall cease; in case of temporary disability not to extend beyond the time when
monthly allowances to him shall cease: Provided, That
after any injured workman has returned to his work his
medical and surgical treatment may be continued if,
and so long as, such continuation is deemed necessary
by the supervisor of industrial insurance to be necessary
to his more complete recovery; in case of a permanent
total disability not to extend beyond the date on which
a lump sum settlement is made with him or he is placed
upon the permanent pension roll: Provided, however,
That the supervisor of industrial insurance, solely in his
discretion, may authorize continued medical and surgical treatment for conditions previously accepted by the
department when such medical and surgical treatment
is deemed necessary by the supervisor of industrial insurance to protect such workman's life or provide for
the administration of medical and therapeutic measures
51.44.160
Funds
including payment of prescription medications, but not
including those controlled substances currently scheduled by the state board of pharmacy as Schedule I, II,
III, or IV substances under chapter 69.50 RCW, which
are necessary to alleviate continuing pain whic~ results
from the industrial injury. In order to authonze such
continued treatment the written order of the supervisor
of industrial insurance issued in advance of the continuation shall be necessary. [1975 !st ex.s. c 234 § I; 1971
ex.s. c 289 § 50; 1965 ex.s. c 166 § 2; 1961 c 23 § 51.36.010. Prior: 1959 c 256 § 2; prior: 1943 c 186 § 2,
part; 1923 c 136 § 9, part; 1921 c 182 § 11, part; 1919 c
129 § 2, part; 1917 c 28 § 5, part; Rem. Supp. 1943 §
7714, part.]
Effective dates-Severability-1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.
Saving-Severability-Repeal and saving--Effective date--1923 c 136: See notes following RCW 51.04.030.
51.36.020 Transportation to place of treatment-Artificial substitutes and mechanical aids. When the injury to any workman is so serious as to require his being taken from the place of injury to a place of
treatment, his employer shall, at the expense of the
medical aid fund, or self-insurer, as the case may be,
furnish transportation to the nearest place of proper
treatment.
Every workman whose injury results in the loss of
one or more limbs or eyes shall be provided with proper
artificial substitutes and every workman, who suffers an
injury to an eye producing an error of refraction, shall
be once provided proper and properly equipped lenses
to correct such error of refraction and his disability rating shall be based upon the loss of sight before correction. Every workman, whose accident results in damage
to or destruction of an artificial limb, eye, or tooth,
shall have same repaired or replaced. Every wor,kman
whose hearing aid or eyeglasses or lenses are damaged,
destroyed, or lost as a result of an industrial accident
shall have the same restored or replaced. The department or self-insurer shall be liable only for the cost of
restoring damaged hearing aids or eyeglasses to their
condition at the time of the accident. All mechanical
appliances necessary in the treatment of an injured
workman, such as braces, belts, casts, and crutches,
shall be provided and all mechanical appliances required as permanent equipment after treatment has
been completed shall continue to be provided or replaced without regard to the date of injury or date
treatment was completed, notwithstanding any other
provision of law. A workman, whose injury is of such
short duration as to bring him within the time limit
provisions of RCW 51.32.090, shall nevertheless receive
during the omitted period medical, surgical, and hospital care and service and transportation under the provisions of this chapter. [1975 lst ex.s. c 224 § 14; 1971
ex.s. c 289 § 51; 1965 ex.s. c 166 § 3; 1961 c 23 § 51.36.020. Prior: 1959 c 256 § 3; prior: 1951 c 236 § 6;
1943 c 186 § 2, part; 1923 c 136 § 9, part; 1921 c 182 §
11, part; 1919 c 129 § 2, part; 1917 c 28 § 5, part; Rem.
Supp. 1943 § 7714, part.]
Effective date---1975 1st ex.s. c 224: See note following RCW
51.04.110.
Effective dates--Severability--1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.
Saving--Severability-Repeal and saving--Effective date--1923 c 136: See notes following RCW 51.04.030.
51.36.060 Duties of attending physician--Medical
information. Physicians examining or attending injured
workmen under this title shall comply with rules and
regulations adopted by the director, and shall make
such reports as may be requested by the department or
self-insurer upon the condition or treatment of any
such workman, or upon any other matters concerning
such workmen in their care. All medical information in
the possession or control of any person and relevant to
the particular injury in the opinion of the department
pertaining to any workman whose injury or occupational disease is the basis of a claim under this title shall
be made available at any stage of the proceedings to the
employer, the claimant's representative, and the department upon request, and no person shall incur any legal
liability by reason of releasing such information. [ 1975
1st ex.s. c 224 § 15; 1971 ex.s. c 289 § 53.)
Effective date---1975 1st ex.s. c 224: See note following RCW
51.04.110.
Effective dates-Severability--1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.
Chapter 51.44
FUNDS
Sections
51.44.033
51.44.160
Supplemental pension fund.
Interfunc loans between reserve and supplemental pension funds-Audit.
51.44.033 Supplemental pension fund. There shall
be, in the office of the state treasurer, a fund to be
known and designated as the "supplemental pension
fund". The director shall be the administrator thereof.
Said fund shall be used for the sole purpose of making
the additional payments therefrom prescribed in this title. [1975 1st ex.s. c 224 § 16; 1971 ex.s. c 289 § 18.)
Effective date---1975 1st ex.s. c 224: See note following RCW
51.04.110.
Effective dates-Severability-1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.
51.44.160 Interfund loans between reserve and supplemental pension funds--Audit. The director is authorized to make periodic temporary interfund transfers
between the reserve and supplemental pension funds as
may be necessary to provide for payments from the
supplemental pension fund as prescribed in this title. At
least once annually, the director shall cause an audit to
be made of all pension funds administered by the department to insure that proper crediting of funds has
been made, and further to direct transfers between the
funds for any interfund loans which may have been
made in the preceding year and not fully reimbursed.
[1975 1st ex.s. c 224 § 17; 1971 ex.s. c 289 § 60.)
Effective date---1975 1st ex.s. c 224: See note following RCW
51.04.110.
[1975 RCW Supp---p 5311
Title 51:
51A-U60
Industrial Insurance
Effective dates-Severability-1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.
Chapter 51.52
APPEALS
Sections
51.52.050
51.52.060
51.52.070
51.52.106
Copy of department action to be served-Appeal.
Notice of appeal-Time-Cross-appeal-Department may modify, reverse, etc.-Denial of appeal without prejudice.
Contents of notice-Transmittal of record.
Review of decision and order by board.
51.52.050 Copy of department action to be
served--Appeal. Whenever the department has made
any order, decision, or award, it shall promptly serve
the workman, beneficiary, employer, or other person
affected thereby, with a copy thereof by mail, which
shall be addressed to such person at his last known address as shown by the records of the department. The
copy, in case the same is a final order, decision, or
a ward, shall bear on the same side of the same page on
which is found the amount of the award, a statement,
set in black faced type of at least ten point body or size,
that such final order, decision, or award must be appealed to the board, Olympia, within sixty days, or the
same shall become final.
Whenever the department has taken any action or
made any decision relating to any phase of the administration of this title the workman, beneficiary, employer, or other person aggrieved thereby may appeal to the
board and said appellant shall have the burden of proceeding with the evidence to establish a prima facie
case for the relief sought in such appeal. Any such person aggrieved by the decision and order of the board
may thereafter appeal to the superior court, as prescribed in this chapter. [ 1975 1st ex.s. c 58 § 1; 1961 c
23 § 51.52.050. Prior: 1957 c 70 § 55; 1951 c 225 § 5;
prior: (i) 1947 c 281 § 1, part; 1943 c 210 § 1, part; 1939
c 41 § 1, part; 1937 c 211 § 1, part; 1927 c 310 § 1, part;
1921c182 § 1, part; 1919 c 131 § 1, part; 1911c74 § 2,
part: Rem. Supp. 1947 § 7674, part. (ii) 1947 c 247 § 1,
part: 1911 c 74 § 20, part; Rem. Supp. 1947 § 7676e,
part. (iii) 1949 c 219 § 6, part; 1943 c 280 § 1, part;
1931 c 90 § 1, part; 1929 c 132 § 6, part; 1927 c 310 § 8,
part; 1911 c 74 § 20, part; Rem. Supp. 1949 § 7697,
part. (iv) 1923 c 136 § 7, part; 1921 c 182 § 10, part;
1917 c 29 § 3, part; RRS § 7712, part. (v) 1917 c 29 §
11; RRS § 7720. (vi) 1939 c 50 § 1, part; 1927 c 310 § 9,
part; 1921 c 182 § 12, part: 1919 c 129 § 5, part; 1917 c
28 § 15, part; RRS § 7724, part.]
Saving-Severability-Repeal and saving-Effective date-1923 c 136: See notes following RCW 51.04.030.
51.52.060 Notice of appeal--Time-Cross-appeal--Department may modify, reverse, etc.--Denial of appeal without prejudice. Any workman,
beneficiary, employer, or other person aggrieved by an
order, decision, or award of the department must, before he appeals to the courts, file with the board and the
director, by mail or personally, within sixty days from
the day on which such copy of such order, decision, or
(1975 RCW
Sup~
532(
award was communicated to such person, a notice of
appeal to the board. Within ten days of the date on
which an appeal has been granted by the board, the
board shall notify the other interested parties thereto of
the receipt thereof and shall forward a copy of said notice of appeal to such other interested parties. Within
twenty days of the receipt of such notice of the board,
the workman or the employer may file with the board a
cross-appeal from the order of the department from
which the original appeal was taken: Provided, That
nothing contained in this section shall be deemed to
change, alter or modify the practice or proce?ure of the
department for the payment of award~ pendmg appe~l:
And provided, That failure to file notice of appeal with
both the board and the department shall not be ground
for denying the appeal if the notice of appeal is .filed
with either the board or the department: And provided,
That, if within the time limited for filing a notice of appeal to the board from an order, decision, or award of
the department, the department shall direct the submission of further evidence or the investigation of any further fact, the time for filing such notice of appeal shall
not commence to run until such person shall have been
advised in writing of the final decision of the department in the matter: Provided, further, That in the event
the department shall direct the submission of further
evidence or the investigation of any further fact, as
above provided, the department shall render a final order, decision, or award within ninety days from the date
such further submission of evidence or investigation of
further fact is ordered which time period may be extended by the department for good cause stated in
writing to all interested parties for an additional ninety
days: Provided, further, That the department, either
within the time limited for appeal, or within thirty days
after receiving a notice of appeal, may modify, reverse
or change any order, decision, or award, or may hold
any such order, decision, or award in abeyance for a
period of ninety days which time period may be extended by the department for good cause stated in
writing to all interested parties for an additional ninety
days pending further investigation in light of the allegations of the notice of appeal, and the board shall thereupon deny the appeal, without prejudice to the
appellant's right to appeal from any subsequent determinative order issued by the department. [ 1975 1st ex.s.
c 58 § 2; 1963 c 148 § l; 1961 c 274 § 8; 1961 c 23 §
51.52.060. Prior: 1957 c 70 § 56; 1951 c 225 § 6; prior:
1949 c 219 §§ 1, part, 6, part; 1947 c 246 § 1, part; 1943
c 280 § 1, part; 1931 c 90 § 1, part; 1929 c 132 §§ 2,
part, 6, part; 1927 c 310 §§ 4, part, 8, part; 1923 c 136 §
2, part; 1919 c 134 § 4, part; 1917 c 28 § 1, part; 1913 c
148 § 1, part; 1911 c 74 §§ 5, part, 20, part; Rem Supp.
1949 §§ 7679, part, 7697, part.]
51.52.070 Contents of notice--Transmittal of
record. The notice of appeal to the board shall set forth
in full detai~ the grounds upon ~~ich the person appealing considers such order, decis10n, or award is unjust or unlawful, and shall include every issue to be
considered by the board, and it must contain a detailed
52.16.070
Finances
statement of facts upon which such workman, beneficiary, employer, or other person relies in support thereof. The workman, beneficiary, employer, or other
person shall be deemed to have waived all objections or
irregularities concerning the matter on which such appeal is taken other than those specifically set forth in
such notice of appeal or appearing in the records of the
department. The department shall promptly transmit its
original record, or a legible copy thereof produced by
mechanical, photographic, or electronic means, in such
matter to the board. [1975 1st ex.s. c 224 § 18; 1975 1st
ex.s. c 58 § 3; 1961 c 23 § 51.52.070. Prior: 1957 c 70 §
57; 1951 c 225 § 7; prior: 1949 c 219 § 6, part; 1943 c
280 § 1, part; 1931 c 90 § I, part; 1929 c 132 § 6, part;
1927 c 310 § 8, part; 1911 c 74 § 20, part; Rem. Supp.
1949 § 7697, part.]
Chapters
52.08 Powers.
52.16 Finances.
52.20 Local improvement districts.
52.36 Miscellaneous provisions.
Effective date---1975 1st ex.s. c 224: See note following RCW
51.04.110.
52.08.092 Liability insurance for officers and employees authorized. See RCW 36.16.138.
51.52.106 Review of decision and order by board.
After the filing of a petition or petitions for review as
provided for in RCW 51.52.104 the proposed decision
and order of the hearing examiner, petition or petitions
for review and, in its discretion, the record or any part
thereof, may be considered by the board and on agreement of at least two of the regular members thereof, the
board may, within twenty days after the receipt of such
petition or petitions, decline to review the proposed decision and order and thereupon deny the petition or
petitions. In such event all parties shall forthwith be
notified in writing of said denial: Provided, That if a
petition for review is not denied within said twenty days
it shall be deemed to have been granted. If the petition
for review is granted, the proposed decision and order,
the petition or petitions for review and the record or
any part thereof deemed necessary shall be considered
by a panel of at least two of the members of the board,
on which not more than one industry and one labor
member serve. The chairman may be a member of any
panel. The decision and order of any such panel shall
be the decision and order of the board. Every final decision and order rendered by the board shall be in
writing and shall contain findings and conclusions as to
each contested issue of fact and law, as well as the
board's order based thereon. The board shall, in all
cases, render a final decision and order within one hundred and eighty days from the date a petition for reyiew
is filed. A copy of the decision and order, including the
findings and conclusions, shall be mailed to each party
to the appeal and to his attorney of record. [1975 1st
ex.s. c 58 § 4; 1971 ex.s. c 289 § 23; 1965 ex.s. c 165 § 4;
1963 c 148 § 7: 1961 c 23 § 51.52.106. Prior: 1951 c 225
§ 13.]
Effective dates--Severability--1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.
Title 52
FIRE PROTECTION DISTRICTS
Chapter 52.08
POWERS
Sections
52.08.070
52.08.092
Repealed.
Liability insurance for officers and employees
authorized.
52.08.070 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
Chapter 52.16
FINANCES
Sections
52.16.070
Obligations shall not exceed taxes, revenues from contracts, leases, services, cash balances, etc.Exceptions.
52.16.070 Obligations shall not exceed taxes, revenues from contracts, leases, services, cash balances,
etc.--Exceptions. Except as authorized by virtue of
the issuance and sale of district coupon warrants and
general obligation bonds, and the creation of local improvements districts and the issuance of local improvement bonds and warrants of the fire protection district,
the board of fire commissioners shall have no authority
to incur expenses or other financial obligations payable
in any year in excess of the aggregate amount of taxes
levied for that year, revenues derived from contracts,
leases and fire protection services rendered to any other
municipal corporation, person, firm or corporation, or
state agency, grants, bequests, gifts or donations whether received from governmental or nongovernmental
sources, and the cash balances on hand in the expense
and reserve funds of the district on the first day of that
year. In the event that there are any unpaid warrants
drawn on any district fund or funds for expenses and
obligations incurred outstanding at the end of any calendar year, the same may be paid from taxes collected
in the subsequent year or years, revenues, grants, bequests, gifts or donations. [1975 1st ex.s. c 130 § l; 1972
ex.s. c 16 § 1; 1959 c 221 § 2; 1955 c 134 § 3; 1951 2nd
ex.s. c 24 §IO; 1947 c 254 § 11; 1943 c 106 § 1; 1941 c
70 § 5; 1939 c 34 § 39; Rem. Supp. 1947 § 5654-139.]
Severability-Construction--1975 1st ex.s. c 130: "If any section, clause, or other provision of this 1975 amendatory act, or its application to any person or circumstance, is held invalid, the remainder
of such 1975 amendatory act, or the application of such section,
clause, or provision to other persons or circumstances, shall not be
affected. The rule of strict construction shall have no application to
this 1975 amendatory act, but the same shall be liberally construed, in
order to carry out the purposes and objects for which this 1975
amendatory act is intended. When this 1975 amendatory act comes in
conflict with any provision, limitation, or restriction in any other law,
[1975 RCW Supp--p 533)
52.16.070
Title 52:
Fire Protection Districts
this 1975 amendatory act shall govern and control." [1975 1st ex.s. c
130 § 6.]
Chapter 52.20
LOCAL IMPROVEMENT DISTRICTS
Sections
52.20.010
52.20.020
52.20.025
52.20.050
L.l.D.'s authorized-Petition or resolution method.
Dismissal, approval of petition or resolution of intention-Notice of hearing.
Hearing and subsequent proceedings to be in accordance with laws applicable to cities and townDefinitions.
Repealed.
52.20.020 Dismissal, approval of petition or resolution of intention--Notice of hearing. If said petition is
found insufficient or if said district board shall determine that such a local improvement district is unfeasible or of no special benefit to the lands concerned, it
shall dismiss said petition. If said district board shall
approve said petition or adopts a resolution of intention
to order an improvement, it shall fix a day, hour and
place for hearing the same and shall ( 1) mail notice of
said hearing at least fifteen days before the date fixed
for the public hearing to the owner or reputed owner of
each lot, tract or parcel of land within the proposed local improvement district as shown on the tax rolls of
the county treasurer at the address shown thereon, and
(2) publish notice of said hearing in a newspaper of
general circulation in the county, to be selected by said
board, for three consecutive weekly issues thereof published prior to the day of said hearing. The cost of said
publication shall be advanced or paid in advance by the
petitioners or, in the case of initiation by the board of
fire commissioners, such costs shall be paid by the fire
protection district. Such notices shall describe the
boundaries of the proposed local improvement district
and the plan of fire protection proposed or may refer to
the resolution of intention describing the nature and
territorial extent of the proposed improvement. Such
notices shall state the means by which the cost of the
same shall be financed, shall state the day, hour and
place of hearing on said petition and shall be signed by
the secretary of the fire protection district. In addition,
the notice given each owner or reputed owner by mail
shall state the estimated cost and expense of such improvement to be borne by the particular lot, tract or
parcel. [1975 1st ex.s. c 130 § 3; 1961 c 161 § 2; 1939 c
34 § 41; RRS § 5654--141.]
52.20.010 L.I.D.'s authorized--Petition or resolution method. In any instance where for fire protection
purposes the acquisition, maintenance and operation of
real property, buildings, fire fighting equipment, apparatus and instrumentalities necessary therefor are of
special benefit to part or all of the lands in the fire protection district, the board of fire commissioners shall
have authority to include such lands in a local improvement district, 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 costs of any improvements ordered in such
local improvement district. Such local improvement
districts may be initiated either by resolution of the
board of fire commissioners or by petition signed by the
owners of a majority of the acreage of lands to be included within the local improvement district.
If the petition procedure is followed, said petition
shall set forth generally the necessity for the creation of
a local improvement district, outline the plan of fire
protection to be accomplished, and the means by which
the cost of the same shall be financed. Upon receipt of
said petition, the board of fire commissioners of said
district shall at its next regular meeting examine the
same. The assessed owners of said lands as shown on
the general tax roll in the county treasurer's office, last
equalized, shall be prima facie evidence of the ownership of the lands to be included in said local improvement district. If said petition is found sufficient, said
district board shall proceed to consider the same and to
determine whether such local improvement appears
feasible and of special benefit to the lands concerned.
In case the board of fire commissioners shall desire to
initiate the formation of a local improvement district by
reso.\ution, it shall first pass a resolution declaring its
intention to order such improvement, setting forth the
nature and territorial extent of such proposed improvement, designating the number of the proposed district,
describing the boundaries thereof, stating the estimated
cost and expenses of the improvement and the proportionate amount thereof which will be borne by the
property within the proposed district, and fixing a date,
time and place for a public hearing on the formation of
the proposed district. [1975 lst ex.s. c 130 § 2; 1961 c
161 § 1: 1939 c 34 § 40; RRS § 5654--140.]
52.20.025 Hearing and subsequent proceedings to be
in accordance with laws applicable to cities and town-Definitions. The hearing for which notice is prescribed
in RCW 52.20.020, as now or hereafter amended, and
all subsequent proceedings in connection with the local
impro~ement, including but not limited to the levying,
collect10n and enforcement of local improvement assessments, and the authorization, issuance, and payment of local improvement bonds and warrants shall be
i~ .accordance with the provisions of law applicable to
cihes and towns set forth in chapters 35.43, 35.44, 35.45,
35.49, 35.50, and 35.53 RCW as now or hereafter
amended, and fire protection districts shall have and
may .exercise the powers set forth in such chapters:
Provided, That no local improvement guaranty fund
shall be created: And provided, further, That for the
purposes of RCW 52.16.070, 52.20.010, 52.20.020, and
52.20.025, as now or hereafter ai:ie~ded, with respect to
the powers granted and the duties imposed in chapters
35.43, 35.44, 35.45, 35.49, 35.50, and 35.53 RCW:
Severability-Construction-1975 1st ex.s. c 130: See note following RCW 52.16.070.
(I) The words "city or town" shall be deemed to
mean fire protection district.
(1975 RCW Supp--p 534)
Severability--Construction--1975 1st ex.s. c 130: See note following RCW 52.16.070.
53.08.120
Powers
(2) The secretary of a fire protection district shall
perform the duties of the "clerk" or "city or town
clerk''.
(3) The board of fire commissioners of a fire protection district shall perform the duties of the "council" or
"city or town council" or "legislative authority of a city
or town".
(4) The board of fire commissioners of a fire protection district shall perform the duties of the "mayor".
(5) The word "ordinance" shall be deemed to mean a
resolution of the board of fire commissioners of a fire
protection district.
(6) The treasurer of the county in which a fire protection district is situated shall perform the duties of the
"treasurer" or "city or town treasurer". [ 1975 1st ex.s. c
130 § 4; 1961 c 161 § 3.]
Severability-Construction-1975 1st ex.s. c 130: See note following RCW 52.16.070.
52.20.050 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
Chapter 52.36
MISCELLANEOUS PROVISIONS
Sections
52.36.090
52.36.095
First aid vehicle service-Establishment and collection
of charges.
Ambulance service-Establishment and collection of
charges.
Chapter 53.08
POWERS
Sections
53.08.041
53.08.120
53.08.207
53.08.208
Pollution control facilities or other industrial development actions-Validation-Implementation of
Article 8, section 8 of the Constitution.
Contracts for labor and material-Small works roster.
Liability insurance for officers and employees
authorized.
Actions against officer, employee, or agent-Defense
and costs provided by port district-Exception.
53.08.041 Pollution control facilities or other industrial development actions--Validation--Implementation of Article 8, section 8 of the Constitution. All
actions heretofore taken by port districts in conformity
with the provisions of this chapter, and the provisions
of *this 1975 amendatory act hereby made applicable
thereto, relating to pollution control facilities or other
industrial development, including, but not limited to, all
bonds issued for such purposes, shall be deemed to
have been taken pursuant to Article 8, section 8 of the
Washington state Constitution and are hereby declared
to be valid, legal and binding in all respects. All provisions of Title 53 RCW directly or indirectly relating to
pollution control facilities or other industrial development are hereby found and declared to be legislation
implementing the provisions of Article 8, section 8 of
the Washington state Constitution. [ 1975 c 6 § 5.]
*Reviser's note: "this 1975 amendatory act" (1975 c 6] see note following RCW 70.95A.035.
Severability--1975 c 6: See RCW 70.95A.940.
Construction--1975 c 6: See RCW 70.95A.912.
52.36.090 First aid vehicle service-Establishment
and collection of charges. Any fire protection district
which provides first aid vehicle service pursuant to
RCW 52.08.030, may pursuant to a resolution establish
and collect reasonable charges for such services in order
to reimburse the district for its costs of providing such
services. [ 1975 c 64 § 1.]
52.36.095 Ambulance service-Establishment and
collection of charges. Any fire protection district which
provides ambulance service pursuant to RCW 52.08.030, may pursuant to a resolution establish and collect
charges for such services in order to reimburse the district for all costs of providing such service: Provided,
That any fire protection district which provides such
ambulance service supported by an excess levy may
waive such charges for service. [1975 1st ex.s. c 147 § 2.]
Title 53
PORT DISTRICTS
Chapters
53.08 Powers.
53.12 Commissioners--Elections.
53.18 Employment relations--Collective bargaining
and arbitration.
53.08.120 Contracts for labor and material--Small
works roster. All material required by a port district
may be procured in the open market or by contract and
all work ordered may be done by contract or day labor.
All such contracts for work, the estimated cost of which
exceeds thirty thousand dollars, shall be let at public
bidding upon notice published in a newspaper in the
district at least ten days before the letting, calling for
sealed bids upon the work, plans and specifications for
which shall then be on file in the office of the commission for public inspection. The same notice may call for
bids on such work or material based upon plans and
specifications submitted by the bidder.
Each port district shall maintain a small works roster
which shall be comprised of all contractors who have
requested to be on the roster and are, where required by
law, properly licensed or registered to perform such
work in the state of Washington.
Whenever work is done by contract, the estimated
cost of which is thirty thousand dollars or less, the
managing official of the port district shall invite proposals from all appropriate contractors on the small
works roster: Provided, That whenever possible, the
managing official shall invite at least one proposal from
a minority contractor who shall otherwise qualify under
this section. Such invitation shall include an estimate of
the scope and nature of the work to be performed, and
materials and equipment to be furnished.
(1975 RCW Supp--p 5351
53.08.120
Title 53:
When awarding such a contract for work, the estimated cost of which is thirty thousand dollars or less.
the managing official shall give weight to the contractor
submitting the lowest and best proposal, and whenever
it would not violate the public interest, such contracts
shall be distributed equally among contractors, including minority contractors. on the small works roster.
[1975 1st ex.s. c 47 § I; 1955 c 348 § 2. Prior: 1921 c
179 §I, part; 1911c92 § 5, part; RRS § 9693, part.]
Severability--1955 c 348: "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." [1955 c 348 § 7.) This applies to RCW
53.08.120, 53.08.130, 53.12.245, 53.12.250 and 53.36.010.
53.08.207 Liability insurance for officers and employees authorized. See RCW 36.16.138.
53.08.208 Actions against officer, employee, or
agent--Defense and costs provided by port district-Exception. Whenever any action, claim or proceeding is
instituted against any person who is or was an officer,
employee, or agent of a port district established under
this title arising out of the performance or failure of
performance of duties for, or employment with any
such district, the commission of the district may grant a
request by such person that the attorney of the district's
choosing be authorized to defend 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 district's funds: Provided,
That costs of defense and/or judgment or settlement
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 c 60 § l.]
Chapter 53.12
COMMISSIONERS-ELECTIONS
Sections
53.12.250
53.12.260
53.12.265
53.12.270
Repealed.
Compensation.
Waiver of compensation.
Delegation of powers to managing official of port
district.
53.12.250 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
53.12.260 Compensation. Commissioners of a port
district shall receive up to forty dollars per day for each
day or portion thereof spent (a) in actual attendance at
official meetings of the port district commission, or (b)
in performance of other service in behalf of the district:
Provided, That no commissioner shall receive compensation for more than seventy-two days for any calendar
year: Provided further, That no commissioner of a port
district having a population of less than one hundred
thousand persons according to the most recent United
States census shall receive compensation for more than
forty-eight days for any calendar year. For any commissioner who has not elected to become a member of
public employees retirement system before May 1, 1975,
11975 RCW Supp---p 536)
Port Districts
the compensation provided pursuant to this section
shall not be considered salary for purposes of the provisions of any retirement system created pursuant to the
general laws of this state nor shall attendance at such
meetings or other service on behalf of the district constitute service as defined in RCW 41.40.010(9): Provided, That in the case of a port district when
commissioners are receiving compensation and contributing to the public employees retirement system, these
benefits shall continue in full force and effect notwithstanding the provisions of RCW 53.12.260 and 53.12.265. [1975 !st ex.s. c 187 § l.]
53.12.265 Waiver of compensation. A commissioner
of any port district may waive all or any portion of his
compensation payable under RCW 53.12.260 as to any
month or months during his term of office, by a written
waiver filed with the secretary of the commission. The
waiver, to be effective, must be filed any time after the
commissioner's election and prior to the date on which
said compensation would otherwise be paid. The waiver
shall specify the month or period of months for which it
is made. [1975 1st ex.s. c 187 § 2.]
53.12.270 Delegation of powers to managing official
of port district. The commission may delegate to the
managing official of a port district such administerial
powers and duties of the commission as it may deem
proper for the efficient and proper management of port
district operations. Any such delegation shall be authorized by appropriate resolution of the commission,
which resolution must also establish guidelines and
procedures for the managing official to follow. [1975 1st
ex.s. c 12 § l.]
Chapter 53.18
EMPLOYMENT RELATIONS--COLLECTIVE
BARGAINING AND ARBITRATION
Sections
53.18.030
Criteria for choice of employee organization--Procedures for resolution of controversy.
53.18.030 Criteria for choice of employee organization--Procedures for resolution of controversy. In determining which employee organization will represent
them, employees shall have maximum freedom in exercising their right of self-organization .
. Con~ro~ersies as to the choice of employee organization withm a port shall be submitted to the public employ~en~
relations
commission.
Employee
orgamzattons may agree with the port district to independently resolve jurisdictional disputes: Provided,
That when no other procedure is available the procedures ~f RCW 49.08.010 shall be f~llowed in resolving
such disputes. In such case the chalfman of the public
employment relations ~o~mission_ shall, at the request
of any employee orgaruzat10n, arbitrate any dispute between employee organizations and enter a binding
award in such dispute. [1975 1st ex.s. c 296 § 38; 1967 c
101 § 3.]
Effective date--1975 2nd ex.s. c 5: See RCW 41.58.901.
Powers
Powers and duties of public employment relations commission:
Chapter 41.58 RCW.
Title 54
PUBLIC UTILITY DISTRICTS
Chapters
54.16 Powers.
54.28 Privilege taxes.
54.36 Liability to other taxing districts.
Chapter 54.16
POWERS
Sections
54.16.092
54.16.096
54.16.097
54.16.120
54.16.230
54.16.240
54.16.250
54.16.260
54.16.270
Employment interview expenses.
Liability insurance for officers and employees
authorized.
Actions against officer, employee, or agent-Defense
and costs provided by public utility districtException.
Local utility districts authorized.
Sewage system works-Acquire, construct, operate,
etc.-Authorizing election-Procedure.
Sewage system works-Resolution or petitionVoter approval or rejection.
Sewage system works-Ballot propositionCanvass.
Sewage system works-Accounts and funding.
Sewage system works-Existing authority not affected.
54.16.092 Employment interview expenses. When a
district commission finds that a vacancy for a technical
or managerial position requires special qualifications or
entails responsibilities and duties of such a nature that
substantial benefits will accrue to the district from personal interviews of candidates for such a vacancy to be
held in the district, the district commission, by resolution adopted at a regular meeting, may authorize the
payment of actual necessary travel and living expenses
of such candidates incurred while in travel status. [ 1975
!st ex.s. c 140 § l.]
54.16.096 Liability insurance for officers and employees authorized. See RCW 36.16.138.
54.16.097 Actions against officer, employee, or
agent--Defense and costs provided by public utility
district--Exception. Whenever any action, claim or
proceeding is instituted against any person who is or
was an officer, employee, or agent of a public utility
district established under this title arising out of the
performance or failure of performance of duties for, or
employment with any such district, the commission of
the district may grant a request by such person that the
attorney of the district's choosing be authorized to defend 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 district's
funds: Provided, That costs of defense and/or judgment
or settlement 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
54.16.250
employment with or duties for the district. [ 1975 c 60 §
2.]
54.16.120 Local utility districts authorized. A district
may, by resolution, establish and define the boundaries
of local assessment districts to be known as local utility
district No. _____ , for distribution, under the general
supervision and control of the commission, of water for
domestic use, irrigation, and electric energy, and for
providing street lighting, or any of them, and in like
manner provide for the purchasing, or otherwise acquiring, or constructing and equipping and maintaining
and operating distribution systems for such purposes,
and for extensions and betterments thereof, and may
levy and collect in accordance with the special benefits
conferred thereon, special assessments and reassessments on property specially benefited thereby, for paying the cost and expense thereof, or any portions
thereof, as herein provided, and issue local improvement bonds or warrants or both to be repaid wholly or
in part by collection of local improvement assessments.
[1975 c 46 § l; 1955 c 390 § 13. Prior: 1951 c 209 § I;
1945 c 143 § 1(1); part; 1931c1§6(1), part; Rem. Supp.
1945 § 11610(1), part.]
54.16.230 Sewage system works--Acquire, construct, operate, etc.--Authorizing election--Procedure. A public utility district may acquire, construct,
operate, maintain, and add to sewage systems, subject
to and in compliance with the county comprehensive
plan, under the general powers of Title 54 RCW or
through the formation of local utility districts as provided in RCW 54.16.120 through 54.16.170: Provided,
That prior to engaging in any sewage system works as
authorized by this section, the voters of the public utility district shall first approve by majority vote a referendum proposition authorizing such district to exercise
the powers set forth in this section, which proposition
shall be presented at a general election. [ 1975 I st ex.s. c
57 § 1.]
54.16.240 Sewage system works--Resolution or
petition--Voter approval or rejection. The commission
of a public utility district, by resolution may, or on petition in the same manner as provided for the creation
of a district under RCW 54.08.010 shall, submit to the
voters for their approval or rejection the proposal that
said public utility district be authorized to exercise the
powers set forth in RCW 54.16.230. [1975 1st ex.s. c 57
§ 2.]
54.16.250 Sewage system works--Ballot proposition--Canvass. The legislative authority of the county
in which the public utility district is located, upon receipt of the resolution of the public utility district commission or petition as provided for in RCW 54.08.010,
shall submit such proposal to the voters of the district
at the next general election in substantially the following terms:
11975 RCW Supp--p 537)
54.16.250
Title 54:
Public Utility Districts
Shall Public Utilitv District No. _____ of _________ _
County be authorized to acquire. construct. operate,
maintain. and add to sewage systems?
Yes
D
No
D
Within ten days after such election, the election
board of the county shall canvass the returns, and if at
such election a majority of voters voting on the proposition shall vote in favor of such authority, the district
shall have the powers set forth in RCW 54.16.230. [1975
1st ex.s. c 57 § 3.]
54.16.260 Sewage system works--Accounts and
funding. Accounts and funding for any sewage system
or systems shall be kept as provided in RCW 43.09.210.
[1975 1st ex.s. c 57 § 4.]
54.16.270
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Sewage system works--Existing authori-
ty not affected. Nothing contained in RCW 54.16.230
through 54.16.260 shall change or alter the present authority of certain public utility districts as regards sewage systems and as provided in RCW 54.16.180. [ 1975
1st ex.s. c 57 § 5.]
Chapter 54.28
PRIVILEGE TAXES
Sections
54.28.030
54.28.040
54.28.050
54.28.040 Tax computed--Pavmcnt--Disposition. Prior to May lst. the departme.nt of revenue shall
compute the tax imposed by this chapter for the last
preceding calendar year and notify the district of the
amount thereof, which shall be payable on or before the
following June 1st. Upon receipt of the amount of each
tax imposed the department of revenue shall deposit the
same with the state treasurer, who shall deposit four
percent thereof in the general fund of the state and shall
distribute the remainder in the manner hereinafter set
forth. The state treasurer shall send a duplicate copy of
each such letter of transmittal to the department of revenue. [1975 1st ex.s. c 278 § 31; 1957 c 278 § 4. Prior:
1949 c 227 § l(c); 1947 c 259 § 1(c); 1941 c 245 § 2(c);
Rem. Supp. 1949 § 11616-2(c).]
Districts' report to department of revenue.
Tax computed-Payment-Disposition.
Distribution of tax.
54.28.030 Districts' report to department of revenue.
On or before the fifteenth day of March of each year,
each district subject to this tax shall file with the department of revenue a report verified by the affidavit of
its manager or secretary on forms prescribed by the department of revenue. Such report shall state (1) the
gross revenues derived by the district from the sale of
all distributed energy to consumers and the respective
amounts derived from such sales within each county;
(2) the gross revenues derived by the district from the
sale of self-generated energy for resale; (3) the amount
of all generated energy distributed by a district from its
own generating facilities, the wholesale value thereof,
and the basis on which t}le value is computed; (4) the
total cost of all generating facilities and the cost of acquisition of land and land rights for reservoir purposes
in each county, and (5) such other and further information as the department of revenue reasonably may require in order to administer the provisions of this
chapter. In case of failure by a district to file such report, the department may proceed to determine the information, which determination shall be contestable by
the district only for actual fraud. [ 1975 1st ex.s. c 278 §
30; 1959 c 274 § 3; 1957 c 278 § 3. Prior: 1949 c 227 §
1(b); 1947 c 259 § 1(b); 1941 c 245 § 2(b); Rem. Supp.
1949 § 11616-2(b).]
Constructio-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
(1975 RCW Supp--p 5381
54.28.050 Distribution of tax. After computing the
tax imposed by this chapter, the department of revenue
shall instruct the state treasurer, after placing four percent in the state general fund, to distribute the balance
collected under RCW 54.28.020 subsection (I) to each
county in proportion to the gross revenue from sales
made within each county; and to distribute the balance
collected under RCW 54.28.020 subsections (2) and (3)
as follows: If the entire generating facility, including
reservoir, if any, is in a single county then all of the
balance to the county where such generating facility is
located. If any reservoir is in more than one county,
then to each county in which the reservoir or any portion thereof is located a percentage equal to the percentage determined by dividing the total cost of the
generating facilities, including adjacent switching facilities, into twice the cost of land and land rights acquired
for any reservoir within each county, land and land
rights to be defined the same as used by the federal
power commission. If the powerhouse and dam, if any,
in connection with such reservoir are in more than one
county, the balance shall be divided sixty percent to the
county in which the owning district is located and forty
percent to the other county or counties or if said powerhouse and dam, if any, are owned by a joint operating
agency organized under chapter 43.52 RCW, or by
more than one district or are outside the county of the
owning district, then to be divided equally between the
counties in which such facilities are located. If all of the
powerhouse and dam, if any, are in one county, then
the balance shall be distributed to the county in which
the facilities are located. [1975 1st ex.s. c 278 § 32; 1959
c 274 § 4; 1957 c 278 § 5. Prior: 1949 c 227 § l(d); 1947
c 259 § l(d); 1941 c 245 § 2(d); Rem. Supp. 1949 §
1 l616-2(d).]
Constructio~verability-1975
1st ex.s. c 278: See notes fol-
lowing RCW 11.08.160.
Effective date--1959 c 274: "The effective date of section 4 of this
1959 amendatory act shall be January I, 1960." [1959 c 274 § 6.] This
applies to RCW 54.28.050.
Powers--Comprehensive Plan
Chapter 54.36
LIABILITY TO OTHER TAXING DISTRICTS
Sections
54.36.010
Definitions.
54.36.010 Definitions. As used in this chapter:
"Public utility district" means public utility district or
districts or a joint operating agency or agencies.
"Construction project" means the construction of
generating facilities by a public utility district. It includes the relocation of highways and railroads, by
whomever done, to the extent that it is occasioned by
the overflowing of their former locations, or by destruction or burying incident to the construction.
"Base-year enrollment" means the number of pupils
enrolled in a school district on the first of May next
preceding the date construction was commenced.
"Subsequent-year enrollment" means the number of
pupils enrolled in a school district on any first of May
after construction was commenced.
"Construction pupils" means pupils who have a parent who is a full time employee on the construction
project and who moved into the school district subsequent to the first day of May next preceding the day the
construction was commenced.
"Nonconstruction pupils" means other pupils. (1975
lst ex.s. c 10 § l; 1973 lst ex.s. c 154 § 99; 1957 c 137 §
1.]
Severability-1973 1st ex.s. c 154: See note following RCW
2.12.030.
Operating agencies: Chapter 43.52 RCW.
Title 56
SEWER DISTRICTS
Chapters
56.08 Powers--Comprehensive plan.
56.16 Finances.
56.32 Consolidation of districts--Merger.
Chapter 56.08
POWERS-COMPREHENSIVE PLAN
Sections
56.08.070
56.08.107
Contracts for labor and materials-Call for bidsSmall works roster-Award of contract-Emergency, requirements waived.
Liability insurance for officers and employees
authorized.
56.08.-070 Contracts for labor and materials--Call
for bids--Small works roster--Award of contract--Emergency, requirements waived. All materials
purchased and work ordered, the estimated cost of
which is in excess of two thousand five hundred dollars
shall be let by contract. All contract projects, the estimated cost of which is less than five thousand dollars,
may be awarded without bid to a contractor on the
small works roster. The small works roster shall be
comprised of at least five responsible contractors who
have requested to be on the list. The board of sewer
56.08.070
comm1ss1oners may set up uniform procedures to
prequalify contractors for inclusion on the small works
roster. The board of sewer commissioners shall distribute the number of project offers as equally as possible
among the contractors on the small works roster. The
small works roster shall be revised every six months. All
contract projects in excess of five thousand dollars shall
be let by competitive bidding. Before awarding any
competitive contract the board of sewer commissioners
shall cause to be published in the newspapers in general
circulation where the district is located at least once,
ten days before the letting of such contract, inviting
sealed proposals for such work, plans and specifications
which must at the time of publication of such notice be
on file in the office of the board of sewer commissioners
subject to public inspection. Such notice shall state
generally the work to be done and shall call for proposals for doing the same to be sealed and filed with the
board of sewer commissioners on or before the day and
hour named therein. Each bid shall be accompanied by
a bid proposal deposit in the form of a certified check,
cashier's check, postal money order, or surety bond
payable to the order of the county treasurer for a sum
not less than five percent of the amount of the bid and
no bid shall be considered unless accompanied by such
bid proposal deposit. At the time and place named such
bids shall be publicly opened and read and the board of
sewer commissioners shall proceed to canvass the bids
and may let such contract to the lowest responsible
bidder upon plans and specifications: Provided, That
no contract shall be let in excess of the cost of said materials or work, or if in the opinion of the board of
sewer commissioners all bids are unsatisfactory they
may reject all of them and readvertise and in such case
all checks, cash or bid bonds shall be returned to the
bidders. If such contract be let, then and in such case
all checks, cash or bid bonds shall be returned to the
bidders, except that of the successful bidder, which shall
be retained until a contract shall be entered into for the
purchase of such materials or doing such work, and a
bond to perform such work furnished with sureties satisfactory to the board of sewer commissioners in the full
amount of the contract price between the bidder and
the commission in accordance with bid. If said bidder
fails to enter into said contract in accordance with said
bid and furnish such bond within ten days from the
date at which he is notified that he is the successful
bidder, the said check, cash or bid bonds and the
amount thereof shall be forfeited to the sewer district.
In the event of an emergency when the public interest
or property of the sewer district would suffer material
injury or damage by delay, upon resolution of the
board of sewer commissioners declaring the existence of
such emergency and reciting the facts constituting the
same, the board may waive the requirements of this
chapter with reference to any purchase or contract.
[1975 lst ex.s. c 64 § I; 1971ex.s.c272 § 3; 1965 c 71 §
l; 1941c210 § 44; Rem. Supp. 1941 § 9425-53.]
(1975 RCW Supp--p 539)
56.08.107
Title 56:
56.08.107 Liability insurance for officers and employees authorized. See RCW 36.16.138.
Chapter 56.16
FINANCES
Sections
56.16.060
56.16.065
56.16.080
Revenue bonds-Issuance, form, payment. etc.
Revenue warrants and revenue bond anticipation
warrants.
Special fund. considerations in creating-Rights of
bondholder.
56.16.060 Revenue bonds--Issuance, form, payment, etc. When sewer revenue bonds are issued for authorized purposes, said bonds shall be in bearer form or
registered as to principal or interest or both, and may
provide for conversion between registered and coupon
bonds; shall be in such denominations, shall be numbered, shall bear such date, shall be payable at such
time or times up to a maximum period of not to exceed
thirty years and at such place or places one of which
must be the office of t}1e treasurer of the county in
which the district is located, or of the county in which
fifty-one percent or more of the area of the district is
located such place or places to be determined by the
board of commissioners of the district; shall bear interest at such rate or rates payable at such time or times as
authorized by the board of sewer commissioners; shall
be executed by the president of the board of commissioners and attested by the secretary thereof, one of
which signatures may, with the written permission of
the signator whose facsimile signature is being used, be
a facsimile and have the seal of the district impressed
thereon; and may have facsimile signatures of the president and secretary imprinted on the interest coupons in
lieu of original signatures. [ 1975 I st ex.s. c 25 § I; 1971
ex.s. c 272 § 4; 1970 ex.s. c 56 § 81; 1969 ex.s. c 232 §
86; 1959 c 103 § 8; 1941 c 210 § 19; Rem. Supp. 1941 §
9425-28.]
Facsimile signature on bonds and coupons: RCW 39.44.100 through
39.44.102.
56.16.065 Revenue warrants and revenue bond anticipation warrants. Sewer districts may also issue revenue
warrants and revenue bond anticipation warrants for
the same purposes for which such districts may issue
revenue bonds. The provisions of this chapter relating
to the authorization, terms, conditions, covenants, issuance and sale of revenue bonds (exclusive of provisions
relating to refunding) shall be applicable to such warrants. Sewer districts issuing revenue bond anticipation
warrants may make covenants relative to the issuance
of revenue bonds to provide funds for the redemption
of part or all of such warrants and may contract for the
sale of such bonds and warrants. [1975 1st ex.s. c 25 §
4.]
56.16.080 Special fund, considerations in creating--Rights of bondholder. In creating any special
fund or funds the sewer commissioners of such sewer
district shall have due regard to the cost of operation
and maintenance of the plant or system as constructed
(1975 RCW Supp------p 5401
Sewer Districts
or added to, and to any proportion or part of the revenue previously pledged as a fund for the payment of
bonds, warrants or other indebtedness, and shall not set
aside into such special fund a greater amount or proportion of the revenue and proceeds than in their judgment will be available over and above such cost of
maintenance and operation and the amount or proportion. if any, of the revenue so previously pledged. Any
such bonds, and the interest thereon, issued against any
such fund as herein provided, shall be a valid claim of
the holder thereof only as against the said special fund
and its fixed proportion or amount of the revenue
pledged to such fund, and shall not constitute an indebtedness of such sewer district within the meaning of
the constitutional provisions and limitations. Each such
bond or warrant shall state upon its face that it is payable from a special fund, naming the said fund and the
resolution creating it. Said bonds shall be sold in such
manner, at such prices and at such rate or rates of interest as the sewer commissioners shall deem for the
best interests of the sewer district, either at public or
private sale, and the said commissioners may provide in
any contract for the construction and acquirement of
the proposed improvement that payment therefor shall
be made in such bonds at par value thereof.
When any such special fund shall have been heretofore or shall be created and any such bonds shall have
been heretofore or shall hereafter be issued against the
same, a fixed proportion or a fixed amount out of and
not to exceed such fixed proportion, or a fixed amount
without regard to any fixed proportion, of revenue shall
be set aside and paid into said special fund as provided
in the resolution creating such fund or authorizing such
bonds. In case any sewer district shall fail thus to set
aside and pay said fixed proportion or amount as
aforesaid, the holder of any bond payable from such
special fund may bring suit or action against the sewer
district and compel such setting aside and payment.
[1975 !st ex.s. c 25 § 2; 1970 ex.s. c 56 § 82; 1941 c 210
§ 21; Rem. Supp. 1941 § 9425-30.]
Purpose--Effective date---1970 ex.s. c 56: See notes following
RCW 39.44.030.
Chapter 56.32
CONSOLIDATION OF DISTRICTS-MERGER
Sections
56.32.010
56.32.020
56.32.030
56.32.040
56.32.050
56.32.080
56.32.100
56.32.110
56.32.J 15
Consolidation authorized--Methods.
Petition method-Signers-Filing-Certificate of
sufficiency.
Agreements by consolidating districts-ContentsComprehensive plan.
Election--Proposition--N otice.
Consolidation effected--Rights and powers of new
district.
Merger of districts--Authorized.
Election on merging of districts.
Return of election-When merger effective-Cessation of merging district.
County auditor defined.
Consolidation of Districts--Merger
56.32.01 O Consolidation authorized--Methods.
Two or more sewer districts, adjoining or in close proximity to each other, may be joined into one consolidated sewer district. The consolidation may be initiated in
either of the following ways: Ten percent of the legal
electors residing within each of the sewer districts proposed to be consolidated may petition the board of
sewer commissioners of each of their respective sewer
districts to cause the question to be submitted to the legal electors of the sewer districts proposed to be consolidated; or, the boards of sewer commissioners of
each of the sewer districts proposed to be consolidated
may by resolution determine that the consolidation of
such districts shall be conducive to the public health,
welfare, and convenience and to be of special benefit to
the lands of such districts. [ 1975 1st ex.s. c 86 § 1; 1967
c197§2.]
56.32.020
Petition method--Signers--Filing--Certificate of sufficiency. If consolidation proceedings are initiated by petition, upon the filing of
such petitions with the boards of sewer commissioners
of the sewer districts, the boards of sewer commissioners of all of the districts shall file such petitions with the
county auditor of each county in which any of the affected districts is located, who shall within ten days examine the signatures thereon and certify to the
sufficiency or insufficiency thereof. If all of the petitions
shall be found to contain a sufficient number of signatures, the respective county auditor shall transmit them,
together with his certificate of sufficiency attached
thereto, to the boards of sewer commissioners of each
of the districts proposed for consolidation. In the event
that there are no legal electors residing in one or more
of the sewer districts proposed to be consolidated, the
petitions may be signed by such a number as appear of
record to own at least a majority of the acreage in the
pertinent sewer district, and the petitions shall disclose
the total number of acres of land in the sewer district
and shall also contain the names of all record owners of
land therein. [1975 lst ex.s. c 86 § 2; 1967 c 197 § 3.]
56.32.030 Agreements by consolidating districts-Contents--Comprehensive plan. Upon the receipt of
each county auditor's certificate of sufficiency of the
petitions by the boards of sewer commissioners of the
districts proposed for consolidation, hereinafter referred
to as the "consolidating districts'', or upon adoption by
the boards of sewer commissioners of the consolidating
districts of their resolutions for consolidation, the
boards of the consolidating districts shaIJ, within ninety
days, enter into an agreement providing for
consolidation.
The agreement shall set forth the method and manner
of consolidation, a comprehensive plan or scheme of
sewer supply for the consolidated district and, if such
comprehensive plan or scheme of sewer supply provides
that one or more of the consolidating districts or the
proposed consolidated district issue revenue bonds for
the construction and/ or other costs of any part or all of
the comprehensive plan, then the details thereof shall be
set forth.
56.32.080
The requirement that a comprehensive plan or
scheme of sewer supply for the consolidated district be
set forth in the agreement for consolidation shall be
satisfied if the existing comprehensive plans or schemes
of the consolidating districts are incorporated therein
by reference and any changes or additions thereto are
set forth in detail. [ 1975 l st ex.s. c 86 § 3; 1967 c 197 §
4.]
56.32.040 Election--Proposition--Notice. The
respective boards of sewer commissioners of the consolidating districts shall certify such agreement to the
county auditors of the counties in which the districts
are located. Thereupon, the county auditor of the
county in which the largest amount of territory of the
proposed consolidated sewer is located shall call a special election for the purpose of submitting to the voters
of each of the consolidating districts the proposition of
whether or not the several districts shall be consolidated
into one sewer district. The proposition shall give the
title of the proposed consolidated district. Notice of the
election shall be given and the election conducted in
accordance with the general election laws. [1975 1st
ex.s. c 86 § 4; 1967 c 197 § 5.]
56.32.050 Consolidation effected--Rights and powers of new district. If at the election a majority of the
voters in each of the consolidating districts shall vote in
favor of the consolidation, the county canvassing board
of the county the auditor of which conducted the election shall so declare in its canvass and the return of the
election shall be made within ten days after the date
thereof. Upon the return the consolidation shall be effective and the consolidating districts shall cease to exist and shall then be and become a new sewer district
and municipal corporation of the state of Washington.
The name of such new sewer district shall be " ____ _
(name) _____ Sewer District of __________ County",
which shall be the name appearing on the ballot.
The district shall have all and every power, right and
privilege possessed by other sewer districts of the state
of Washington. The district may issue revenue bonds to
pay for the construction of any additions and betterments set forth in the comprehensive scheme and plan
of sewer supply contained in the agreement for consolidation and any future additions and betterments to the
comprehensive scheme and plan of sewer supply, as its
board of sewer commissioners shall by resolution adopt,
without submitting a proposition therefor to the voters
of the district. [1975 lst ex.s. c 86 § 5; 1967 c 197 § 6.]
56.32.080 Merger of districts--Authorized. Whenever there are two sewer districts, the territories of
which are adjoining or in close proximity to each other,
either district hereinafter referred to as the "merging
district", may merge into the other districts, hereinafter
referred to as the "merger district", and the merger district will survive under its original name or number.
[1975 1st ex.s. c 86 § 6; 1967 c 197 § 9.]
(1975 RCW Supp---p 541)
56.32.100
Title 56:
56.32.100 Election on merging of districts. The respective boards of sewer commissioners of the districts
shall certify the agreement to the county auditor of the
countv in which the largest amount of territory of the
merging district is located. Thereupon, the county auditor shall call a special election for the purpose of submitting to the voters of the merging district the
proposition of whether the merging district shall be
merged into the merger district. Notice of the election
shall be given and the election conducted in accordance
with the general election laws. [1975 1st ex.s. c 86 § 7;
1967 c 197 § 11.]
56.32.110 Return of election--When merger effective-Cessation of merging district. If at the election a
majority of the voters of the merging sewer district shall
vote in favor of the merger, the county canvassing
board of the county the auditor of which conducted the
election shall so declare in its canvass and the return of
the election shall be made within ten days after the date
thereof. Upon the return the merger shall be effective
and the merging sewer district shall cease to exist and
shall become a part of the merger sewer district. The
sewer commissioners of the merging district shall cease
to hold office and the affairs of the merged districts
shall be managed by the sewer commissioners of the
merger district. [ 1975 I st ex.s. c 86 § 8; 1967 c 197 § 12.]
56.32.115 County auditor defined. For the purposes
of *this 1975 amendatory act, county auditor of a
county shall mean the election officer of that county.
[1975 lst ex.s. c 86 § 9.]
*Reviser's note: "this 1975 amendatory act" [1975 !st ex.s. c 86]
consists of RCW 56.32.115 and amendments to RCW 56.32.010-56.32.050, 56.32.080, 56.32.100, and 56.32.110.
Title 57
WATER DISTRICTS
Chapters
57.06 Validation and construction.
57 .08 Powers.
57.12 Officers and elections.
57.20 Finances.
Chapter 57.06
VALIDATION AND CONSTRUCTION
Sections
57.06.140
57.06.150
57.06.160
57.06.170
Sewer Districts
files in the office of the board of countv commissioners
of the county in question and of such water districts.
[1975 1st ex.s. c 188 § 15.]
Severabiliyt--1975 1st ex.s. c 188: See RCW 36. 94.921.
57.06.150 1975 validation. All debts. contracts, and
obligations heretofore made or incurred by or in favor
of any such water district, and all bonds or other. obligations executed by such districts in connection with or
in pursuance of such attempted organization, and any
and all assessments or levies, and all other things and
proceedings done or taken by such districts_ or by their
respective officers, including by persons actmg as commissioners nominated by petition of at least twenty-five
percent of the qualified electors of the district, and
elected and qualified as otherwise provided by law, acting under or in pursuance of such attempted organization, are hereby declared legal and vahd and of full
force and effect. [1975 1st ex.s. c 188 § 16.]
Severability--1975 1st ex.s. c 188: See RCW 36.94.921.
57.06.160 1975 validation. The holding and exercise
of the office of commissioner by persons now serving as
members of the first board of commissioners under or
in pursuance of such attempted organization, nominated by petition of at least twenty-five percent of the
qualified electors of the district, and elected and qualified as otherwise provided by law, is hereby declared
legal and valid and of full force and effect. [ 1975 1st
ex.s. c 188 § 17.]
Severability--1975 1st ex.s. c 188: See RCW 36.94.921.
57.06.170 1975 validation. RCW 57.06.140 through
57.06.160 shall apply only to such districts attempted to
be organized under chapter 114, Laws of 1929, and
amendments thereto, which have maintained their organization as such since the date of such attempted organization, establishment, or creation, or which have
been merged into another municipal corporation. [1975
1st ex.s. c 188 § 18.]
Severability--1975 1st ex.s. c 188: See RCW 36.94.921.
Chapter 57.08
POWERS
Sections
57.08.050
57.08.107
1975
1975
1975
1975
validation.
validation.
validat10n.
validat10n.
57.06.140 1975 validation. Each and all of the respective areas of land heretofore attempted to be organized into water districts under the provisions of
chapter 114, Laws of 1929, and amendments thereto,
are hereby validated and declared to be duly existing
water districts, having the respective boundaries set
forth in their organization proceedings as shown by the
(1975 RCW Supp--p 542)
Board may create positions--Contracts for materials
and work-Small works roster--NoticeBids--Emergency, requirements waived.
Liability insurance for officers and employees
authorized.
57.08.050 Board may create positions--Contracts
for materials and work--Small works roster--Notice-Bids-Emergency, requirements waived. The
board of water commissioners shall have authority to
create and fill such positions and fix salaries and bonds
thereof as it may by resolution provide. All materials
purchased and work ordered, the estimated cost of
which is in excess of two thousand five hundred dollars
shall be let by contract. All contract projects, the estimated cost of which is less than five thousand dollars ,
57.12.020
Officers And Elections
may be awarded without bid to a contractor on the
small works roster. The small works roster shall be
comprised of at least five responsible contractors who
have requested to be on the list. The board of water
commissioners may set up uniform procedures to
prequalify contractors for inclusion on the small works
roster. The board of water commissioners shall distribute the number of project offers as equally as possible
among the contractors on the small works roster. The
small works roster shall be revised every six months. All
contract projects in excess of five thousand dollars shall
be let by competitive bidding. Before awarding any
such contract the board of water commissioners shall
cause to be published in the newspapers in general circulation throughout the county where the district is located at least once ten days before the letting of such
contract, inviting sealed proposals for such work, plans
and specifications which must at the time of publication
of such notice be on file in the office of the board of
water commissioners subject to public inspection. Such
notice shall state generally the work to be done and
shall call for proposals for doing the same to be sealed
and filed with the board of water commissioners on or
before the day and hour named therein. Each bid shall
be accompanied by a certified or cashier's check or
postal money order payable to the order of the county
treasurer for a sum not less than five percent of the
amount of the bid, or accompanied by a bid bond in an
amount not less than five percent of the bid with a corporate surety licensed to do business in the state, conditioned that the bidder will pay the district as
liquidated damages the amount specified in the bond,
unless he enters into a contract in accordance with his
bid, and no bid shall be considered unless accompanied
by such check, cash or bid bond. At the time and place
named such bids shall be publicly opened and read and
the board of water commissioners shall proceed to canvass the bids and may let such contract to the lowest
responsible bidder upon plans and specifications on file
or to the best bidder submitting his own plans and
specifications: Provided, That no contract shall be let in
excess of the cost of said materials or work, or if in the
opinion of the board of water commissioners all bids
are unsatisfactory they may reject all of them and readvertise and in such case all checks, cash or bid bonds
shall be returned to the bidders; but if such contract be
let, then and in such case all checks, cash or bid bonds
shall be returned to the bidders, except that of the successful bidder, which shall be retained until a contract
shall be entered into for the purchase of such materials
or doing such work, and a bond to perform such work
furnished with sureties satisfactory to the board of water commissioners in the full amount of the contract
price between the bidder and the commission in accordance with the bid. If said bidder fails to enter into
said contract in accordance with said bid and furnish
such bond within ten days from the date at which he is
notified that he is the successful bidder, the said check,
cash or bid bonds and the amount thereof shall be forfeited to the water district: Provided, That if the bidder
fails to enter into a contract in accordance with his bid
'
and the board of water commissioners deems it necessary to take legal action to collect on any bid bond required herein, then, in such event, the water district
shall be entitled to collect from said bidder any legal
expenses, including reasonable attorneys' fees occasioned thereby. In the event of an emergency when the
public interest or property of the water district would
suffer material injury or damage by delay, upon resolution of the board of water commissioners declaring the
existence of such emergency and reciting the facts constituting the same, the board may waive the requirements of this chapter with reference to any purchase or
contract. [1975 lst ex.s. c 64 § 2; 1965 c 72 § l; 1947 c
216 § 2; 1929 c 114 § 21; Rem. Supp. 1947 § 11598. Cf.
1913 c 161 § 20.]
57.08.107 Liability insurance for officers and employees authorized. See RCW 36.16.138.
Chapter 57.12
OFFICERS AND ELECTIONS
Sections
57.12.010
57.12.020
Commissioners-President and secretaryCompensation.
Commissioners, nomination, declaration of candidacy,
election law, vacancy-Qualification of voters.
57.12.010 Commissioners--President and secretary--Compensation. The officers of a district shall be
a board of water commissioners consisting of three
members. The board shall annually elect one of its
members as president and another as secretary.
The secretary may be paid a reasonable sum for the
clerical services performed by him. The board shall by
resolution adopt rules governing the transaction of its
business and shall adopt an official seal. All proceedings
shall be by resolution recorded in a book kept for that
purpose which shall be a public record.
A district shall provide by resolution for the payment
of compensation to each of its commissioners at a rate
not exceeding twenty-five dollars for each day or major
part thereof devoted to the business of the district: Provided, That the per diem for each commissioner shall
not exceed twelve hundred dollars per year. No commissioner shall be employed full time by the district.
Each commissioner shall be reimbursed for reasonable
expenses actually incurred in connection with such
business, including his subsistence and lodging while
away from his place of residence and mileage for use of
personal automobile at the mileage rate authorized in
RCW 43.03.060 as now existing or hereafter amended.
The date for holding elections and taking office as
herein _provided s~all be subject to the provisions of any
consolidated elect10n laws that may be made applicable
thereto although previously enacted. [1975 lst ex.s. c
116 § l; 1969 ex.s. c 148 § 8; 1959 c 108 § 5; 1959 c 18
§ l; 1945 c 50 § 2; 1929 c 114 § 7; Rem. Supp. 1945 §
11585. Cf. 1913 c 161 § 7.]
57.12.020 Commissioners, nomination, declaration of
candidacy, election law, vacancy--Qualification of voters. Nominations for the first board of commissioners to
[1975 RCW Supp--p 543)
57.12.020
Title 57:
be elected at the election for the formation of the water
district shall be by petition of at least twenty-five percent of the qualified electors of the district, or twentyfive of the qualified electors of the district, whichever is
lesser, filed in the auditor's office of the county in which
the district is located, at least thirty days prior to the
election. Thereafter, candidates for the office of water
commissioners shall file declarations of candidacy and
their election shall be conducted as provided by the
general election Jaws. A vacancy on the board shall be
filled by appointment by the remaining commissioners
until the next regular election for commissioners: Provided, That if there is a vacancy of the entire board a
new b?a~d may be appointed by the board of county
comm1ss10ners.
Any person residing in the district who is a qualified
voter under the laws of the state may vote at any district election. [1975 1st ex.s. c 188 § 14; 1959 c 18 § 3.
Prior: 1953 c 251 § 4; 1947 c 216 § 1, part; 1945 c 50 §
l, part; 1931c72 § 1, part; 1929 c 114 § 6, part; Rem.
Supp. 1947 § 11584, part. Cf. 1913 c 161 § 7, part.]
Severability--1975 1st ex.s. c 188: See RCW 36.94.921.
Elections: Title 29 RCW.
Chapter 57 .20
FINANCES
Sections
57.20.020
57.20.027
Revenue bonds--Special fund-Classification of
service-Adequate rates and charges to be fixed.
Revenue warrants and revenue bond anticipation
warrants.
57.20.020 Revenue bonds--Special fund--Classification of service-Adequate rates and charges to be
fixed. Whenever any issue or issues of water revenue
bonds have been authorized in compliance with the
provisions of RCW 57.16.010 through 57.16.040, said
bonds shall be in bearer form or registered as to principal or interest or both, and may provide for conversion
between registered and coupon bonds; shall be in such
denominations, shall be numbered, shall bear such date,
and shall be payable at such time or times up to a
maximum period of not to exceed thirty years as shall
be determined by the board of water commissioners of
the district; shall bear interest at such rate or rates payable at such time or times as authorized by the board;
shall be payable at the office of the county treasurer of
the county in which the water district is located and
may also be payable at such other place or places as the
board of water commissioners may determine; shall be
executed by the president of the board of water commissioners and attested and sealed by the secretary
thereof, one of which signatures may, with the written
permission of the signator whose facsimile signature is
being used, be a facsimile; and may have facsimile signatures of said president or secretary imprinted on the
interest coupons in lieu of original signatures.
The water district commissioners shall have power
and are required to create a special fund or funds for
the sole purpose of paying the interest and principal of
such bonds into which special fund or funds the said
(1975 RCW Supp--p 544)
Water Districts
water district commissioners shall obligate and bind the
water district to set aside and pay a fixed proportion of
the gross revenues of the water supply system or any
fixed amount out of and not exceeding a fixed proportion of such revenues, or a fixed amount or amounts
without regard to any fixed proportion and such bonds
and the interest thereof shall be payable only out of
such special fund or funds, but shall be a lien and
charge against all revenues and payments received from
any utility local improvement district or districts
pledged to secure such bonds, subject only to operating
and maintenance expenses.
In creating any such special fund or funds the water
district commissioners of such water district shall have
due regard to the cost of operation and maintenance of
the plant or system as constructed or added to and to
any proportion or part of the revenue previously
pledged as a fund for the payment of bonds, warrants
or other indebtedness, and shall not set aside into such
special fund a greater amount or proportion of the revenue and proceeds than in their judgment will be available over and above such cost of maintenance and
operation and the amount or proportion, if any, of the
revenue so previously pledged. Any such bonds and interest thereon issued against any such fund as herein
provided shall be a valid claim of the holder thereof
only as against the said special fund and its fixed proportion or amount of the revenue pledged to such fund,
and shall not constitute an indebtedness of such water
district within the meaning of the constitutional provisions and limitations. Each such bond or warrant shall
state upon its face that it is payable from a special fund,
naming the said fund and the resolution creating it.
Said bonds shall be sold in such manner, at such price
and at such rate or rates of interest as the water district
commissioners shall deem for the best interests of the
water district, either at public or private sale, and the
said commissioners may provide in any contract for the
construction and acquirement of the proposed improvement (and for the refunding of outstanding local improvement district obligations, if any) that payment
therefor shall be made in such bonds at par value
thereof.
When any such special fund shall have been heretofore or shall be hereafter created and any such bonds
shall have been heretofore or shall hereafter be issued
against the same a fixed proportion or a fixed amount
out of and not to exceed such fixed proportion, or a
fixed a1!1ount or amounts without regard to any fixed
pr?porho?, of revenue shall be set aside and paid into
said special fund as provided in the resolution creating
such fund or authorizing such bonds, and in case any
water tlistrict shall fail thus to set aside and pay said
fixed proportion or amount as aforesaid, the holder of
any bond payable from such special fund may bring
suit or action against the water district and compel such
setting aside and payment.
The water district commissioners of any water district, in the event that such water revenue bonds are issued, shall provide for revenues by fixing rates and
charges for the furnishing of water supply to those receiving such service, such rates and charges to be fixed
60.04.010
Mechanics' And Materialmen's Liens
as deemed necessary by such water district commissioners. so that uniform charges will be made for the
same class of customer or service. In classifying customers served or service furnished by such water supply
system, the board of water commissioners may in its
discretion consider any or all of the following factors:
The difference in cost of service to the various customers; the location of the various customers within and
without the district; the difference in cost of maintenance, operation, repair and replacement of the various
parts of the system; the different character of the service furnished various customers; the quantity and quality of the water furnished; the time of its use; capital
contributions made to the system including but not
limited to assessments; and any other matters which
present a reasonable difference as a ground for distinction. Such rates shall be made on a monthly basis as
may be deemed proper by such commissioners and as
fixed by resolution and shall produce revenues sufficient
to take care of the costs of maintenance and operation,
revenue bond and warrant interest and principal amortization requirements and all other charges necessary
for efficient and proper operation of the system. [ 1975
1st ex.s. c 25 § 3; 1970 ex.s. c 56 § 84; 1969 ex.s. c 232 §
88; 1959 c 108 § 11; 1939 c 128 § 3; RRS § 11588-1.]
Purpose-Effective date-1970 ex.s. c 56: See notes following
RCW 39.44.030.
Validation-Saving-Severability-1969 ex.s. c 232: See
notes following RCW 39.44.030.
57.20.027 Revenue warrants and revenue bonds anticipation warrants. Water districts may also issue revenue warrants and revenue bond anticipation warrants
for the same purposes for which such districts may issue
revenue bonds. The provisions of this chapter relating
to the authorization, terms, conditions, covenants, issuance and sale of revenue bonds (exclusive of provisions
relating to refunding) shall be applicable to such warrants. Water districts issuing revenue bond anticipation
warrants may make covenants relative to the issuance
of revenue bonds to provide funds for the redemption
of part or all of such warrants and may contract for the
sale of such bonds and warrants. [1975 1st ex.s. c 25 §
5.]
Title 59
LANDLORD AND TENANT
Chapters
59.18 Residential Landlord-Tenant Act.
59.18.270 Moneys paid as deposit or security for performance by tenant--Deposit by landlord in trust account--Receipt--Claims. All moneys paid to the
landlord by the tenant as a deposit as security for performance of the tenant's obligations in a lease or rental
agreement shall promptly be deposited by the landlord
in a trust account, maintained by the landlord for the
purpose of holding such security deposits for tenants of
the landlord, in a bank, savings and loan association,
mutual savings bank, or licensed escrow agent located
in Washington. Unless otherwise agreed in writing, the
landlord shall be entitled to receipt of interest paid on
such trust account deposits. The landlord shall provide
the tenant with a written receipt for the deposit and
shall provide written notice of the name and address
and location of the depository and any subsequent
change thereof. If during a tenancy the status of landlord is transferred to another, any sums in the deposit
trust account affected by such transfer shall simultaneously be transferred to an equivalent trust account of
the successor landlord, and the successor landlord shall
promptly notify the tenant of the transfer and of the
name, address and location of the new depository. The
tenant's claim to any moneys paid under this section
shall be prior to that of any creditor of the landlord,
including a trustee in bankruptcy or receiver, even if
such moneys are commingled. [1975 1st ex.s. c 233 § 1;
1973 1st ex.s. c 207 § 27.]
Title 60
LIENS
Chapters
60.04 Mechanics' and materialmen's liens.
60.28 Lien for labor, materials, taxes on public works.
60.44 Lien of doctors, nurses, hospitals, ambulance
services.
Chapter 60.04
MECHANICS' AND MATERIALMEN'S LIENS
Sections
60.04.010
60.04.040
60.04.050
60.04.060
60.04.067
60.04.100
60.04.110
60.04.130
60.04.210
Chapter 59.18
RESIDENTIAL LANDLORD-TENANT ACT
Sections
59.18.270
Moneys paid as deposit or security for performance by
tenant-Deposit by landlord in trust accountReceipt-Claims.
Lien authorized-Bond by railroad company.
Lien for improving real property.
Priority of lien.
Claim-Contents--Form--Filing--Joinder.
Separate residential units--When time for filing lien
claims commences to run--Definition.
Duration of lien-Limitation of action--When action commenced.
Extent of contractor's right to recover-Settlements--Rights of owner.
Rank of lien-Application of proceeds--Attorney's
fees.
Interim or construction financing--Notice of lien-Duty of lender to withhold from disbursementsLiabilities of lender and lien claimant.
60.04.010 Lien authorized--Bond by railroad company. Every person performing labor upon, furnishing
material, or renting, leasing or otherwise supplying
equipment, to be used in the construction, alteration or
repair of any mining claim, building, wharf, bridge,
(1975 RCW Supp-p 545)
60.04.010
Title 60:
ditch, dyke. flume, tunnel. well. fence, machinery, railroad, street railway. wagon road, aqueduct to create
hydraulic power or any other structure or who performs
labor in any mine or mining claim or stone quarry, or
trustees of any type of employee benefit plan, has a lien
upon the same for the labor performed, contributions
owed to the employee benefit plan on account of such
labor performed, material furnished, or equipment supplied by e.ach, respectively. whether performed, furnished, or supplied at the instance of the owner of the
property subject to the lien or his agent; and every registered or licensed contractor, registered or licensed
subcontractor, architect, or person having charge, of the
construction, alteration or repair of any property subject to the lien as aforesaid, shall be held to be the
agent of the owner for the purposes of the establishment of the lien created by this chapter: Provided, That
whenever any railroad company shall contract with any
person for the construction of its road, or any part
thereof, such railroad company shall take from the person with whom such contract is made a good and sufficient bond, conditioned that such person shall pay all
laborers, mechanics, materialmen, and equipment suppliers, and persons who supply such contractors with
provisions, all just dues to such person or to any person
to whom any part of such work is given, incurred in
carrying on such work, which bond shall be filed by
such railroad company in the office of the county auditor in each county in which any part of such work is
situated. And if any such railroad company shall fail to
take such bond, such railroad company shall be liable
to the persons herein mentioned to the full extent of all
such debts so contracted by such contractor. Contractors or subcontractors required to be registered under
chapter 18.27 RCW or licensed under chapter 19.28
RCW shall be deemed the agents of the owner for the
purposes of establishing the lien created by this chapter
only if so registered or licensed. Persons dealing with
contractors or subcontractors may rely, for the purposes
of this section, upon a certificate of registration issued
pursuant to chapter 18.27 RCW or license issued pursuant to chapter 19.28 RCW covering the period when
the work or material shall be furnished, and lien rights
shall not be lost by suspension or revocation of registration or license without their knowledge. [1975 c 34 §
3; 1971 ex.s. c 94 § 2; 1959 c 279 § l; 1905 c 116 § l;
1893 c 24 § l; RRS § 1129. Prior: Code 1881 § 1957;
1877 p 219 § 19; 1873 p 441 § 2; 1863 p 419 § l; 1860 p
286 § 1; 1854 p 392 § I.]
Effective date-1971 ex.s. c 94: See note following RCW
60.04.060.
Construction-1893 c 24: "The provisions of law relating to liens
created by this act, and all proceedings thereunder, shall be liberally
construed with a view to effect their objects." [1893 c 24 § 18.)
Repeal and saving-1893 c 24: "All rights acquired under any
existing law of this state are hereby preserved, and all actions now
pending shall be proceeded with under the law as it exists at the time
this act shall take effect. All acts or parts of acts in conflict with this
act are hereby repealed." [1893 c 24 § 19.)
The two foregoing annotations apply to RCW 60.04.010, 60.04.03060.04.180.
(1975 RCW Sup~ 546)
Liens
60.04.040 Lien for improving real property. Any person who, at the request of the owner of any real property, or his agent, clears, grades, fills in or otherwise
improves the same, or any street or road in front of. or
adjoining the same, and every person who, at the request of the owner of any real property. or his agents,
rents, leases, or otherwise supplies equipment, or furnishes materials, including blasting powder, dynamite,
caps and fuses, for clearing, grading, filling in, or otherwise improving any real property or any street or road
in front of or adjoining the same, and every trustee of
any type of employee benefit plan, has a lien upon such
real property for the labor performed, contributions
owed to the employee benefit plan on account of the
labor performed, the materials furnished, or the equipment supplied for such purposes. [ 1975 c 34 § 4; 1971
ex.s. c 94 § 3; 1959 c 279 § 3; 1929 c 230 § 1; 1893 c 24
§ 3; RRS § 1131. Prior: Code 1881§1958; 1877 p 220 §
20.]
Effective date-1971 ex.s. c 94: See note following RCW
60.04.060.
60.04.050 Priority of lien. The liens created by this
chapter are preferred to any lien, mortgage or other incumbrance which may attach subsequently to the time
of the commencement of the performance of the labor,
the obligation to pay contributions to any type of employee benefit plan, the furnishing of the materials, or
the supplying of the equipment for which the right of
lien is given by this chapter, and are also preferred to
any lien, mortgage or other incumbrance which may
have attached previously to that time, and which was
not filed or recorded so as to create constructive notice
of the same prior to that time, and of which the lien
claimant had no notice. [1975 c 34 § 5; 1959 c 279 § 4;
1893 c 24 § 4; RRS § 1132. Prior: Code 1881 § 1960;
1877 p 220 § 22.]
60.04.060
Claim--Contents--Form--Filing--Joinder. No lien created by this chapter shall
exist, and no action to enforce the same shall be maintained, unless within ninety days from the date the
contributions to any type of employee benefit plan are
due, of the cessation of the performance of such labor,
the furnishing of such 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 date
contributions to any type of employee benefit plan became due, the time of the commencement and cessation
of performing the labor, furnishing the material, or
supplying the equipment, the names of the trustees of
the employee benefit plan, the name of the person who
performed the labor, furnished the material, or supplied
the equipment, the name of the person by whom the
laborer ~as employed (if known), the .name of the person reqmred by agreement or otherwise to pay contributions to any type of employee benefit plan, or to
whom the material was furnished, or equipment supplied, a description of the property to be charged with
60.04.100
Mechanics' And Materialmen's Liens
the lien sufficient for identification, the name of the
owner, or reputed owner if known, and if not known,
that fact shall be mentioned, the amount for which the
lien is claimed, and shall be signed by the claimant, or
by some person in his behalf, and be verified by the
oath of the claimant, or some person in his behalf, to
the effect that the affiant believes the claim to be just;
in case the claim shall have been assigned the name of
the assignee shall be stated; 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 interests of third parties shall not be affected
by such amendment. A claim of lien shall also state the
address of the claimant. A claim of lien by trustees of
any type of employee benefit plan shall state, as nearly
as is known to the trustees, the names of all employees
on whose behalf contributions are claimed. A claim for
lien substantially in the following form shall be
sufficient:
__________ , claimant, vs. _________ _
Notice is hereby given that on the _____ day (date of
commencement of performing labor or contributions to
any type of employee benefit plan became due or furnishing material or supplying equipment) __________ at
the request of __________ commenced to perform labor
(or to furnish material or supply equipment to be used)
upon _______________ (here describe property subject
to the lien) of which property the owner, or reputed
owner, is __________ (or if the owner or reputed owner
is not known, insert the word "unknown"), the performance of which labor (or the furnishing of which material or supply of which equipment) ceased on the ____ _
day of __________ ; that said labor performed (the
amount of contributions owed or material furnished or
equipment supplied) was of the value of _________ _
dollars, for which labor (or contributions) (or material)
(or equipment) the undersigned claims a lien upon the
property herein described for the sum of _________ _
dollars. (In case the claim has been assigned, add the
words "and __________ is assignee of said claim", or
claims, if several are united.)
______________ , Claimant.
(Address, city, and
state of claimant)
STATE
OF
WASHINGTON,
COUNTY
OF
- - - - __ - - __ , SS.
__________ , being sworn, says: I am the claimant (or
attorney of the claimant, or administrator, representative or agent of trustees of an employee benefit plan)
above named; I have heard the foregoing claim read
and know the contents thereof, and believe the same to
be just.
Subscribed and sworn to before me this _____ day of
Any number of claimants may join in the same claim
for the purpose of filing the same and enforcing their
liens, but in such case the amount claimed by each
original lienor, respectively, shall be stated: Provided, It
shall not be necessary to insert in the notice of claim of
lien provided for by this chapter any itemized statement
or bill of particulars of such claim. [197S c 34 § 6; 1971
ex.s. c 94 §I; 19S9 c 279 § 5; 1949 c 217 § 1(5a); 1893 c
24 § S; Rem. Supp. 1949 § 1134. FORMER PARTS OF
SECTION: (i) 1949 c 217 § !(Sb) now codified as RCW
60.04.064. (ii) 1949 c 217 § !(Sc) now codified as RCW
60.04.067.]
Effective date--1971 ex.s. c 94: "This 1971 amendatory act shall
take effect on January 1, 1972." [1971 ex.s. c 94 § 4.)
60.04.067 Separate residential units-When time
for filing lien claims commences to run--Definition.
Where such labor is performed, such contributions
owed to any type of employee benefit plan, such materials are furnished, or such equipment is supplied in the
construction of two or more separate residential units
the time for filing claims of lien against each separate
residential unit shall commence to run upon the cessation of the performance of such labor, the date contributions to any type of employee benefit plan became
due, the furnishing of such materials, or the supplying
of such equipment on each such residential unit as provided in this chapter. A separate residential unit is defined as consisting of one residential structure together
with any garages or other outbuildings appurtenant
thereto. [197S c 34 § 7; 19S9 c 279 § 7; 1949 c 217 §
l(Sc); Rem. Supp. 1949 § 1134-2. Formerly RCW 60.04.060, part.]
Separate properties, claim: RCW 60.04.090.
60.04. 100 Duration of lien--Limitation of action--When action commenced. No lien created by
this chapter binds the property subject to the lien for a
longer period than eight calendar months after the
claim has been filed unless an action be commenced in
the proper court within that time to enforce such lien;
or, if credit be given and the terms thereof be stated in
the claim of lien, then eight calendar months after the
expiration of such credit; and in case such action be not
prosecuted to judgment within two years after the commencement thereof, the court, in its discretion, may
dismiss the same for want of prosecution, and the dismissal of such action or a judgment rendered therein,
that no lien exists, shall constitute a cancellation of the
lien: Provided, That, for the purposes of this chapter,
an action to enforce such lien shall not be timely commenced unless the filing of summons and complaint in
a court of competent jurisdiction shall be made prior to
the expiration of the eight month period, and service of
the summons and complaint shall be made upon all
necessary parties personally, or by commencement of
service by publication, not later than ninety days after
the filing of the summons and complaint. [ l 97S l st ex.s.
c231§l;1943c209§ l; 1893c24§9; RRS§ 1138.
Prior: 1881 § 1964; 1877 p 221 § 26; 1873 p 443 § 6;
1863 p 410 § 4; 1860 p 286 § 4; 1854 p 392 § 4.]
(1975 RCW Supp--p 547}
60.0·UlO
Title 60:
60.04.110 Extent of contractor's right to recover-Scttlements--Rights of owner. The contractor shall be
entitled to recover upon the claim filed by him only
such amount as may be due him according to the terms
of his contract, after deducting all claims of other parties for labor performed, for contributions owed to any
type of employee benefit plan, materials furnished, and
equipment supplied; and in all cases where a claim shall
be filed under this chapter for labor performed, contributions owed to any type of employee benefit plan,
materials furnished, or equipment supplied to any contractor, he shall defend any action brought thereupon at
his own expense; and during the pendency of such action, the owner may withhold from the contractor the
amount of money for which the claim is filed; and in
case of judgment against the owner or his property,
upon the lien, the owner shall be entitled to deduct
from any amount due or to become due by him to the
contractor, the amount of the judgment and costs, and
if the amount of such judgment and costs shall exceed
the amount due by him to the contractor or if the owner shall have settled with the contractors in full, he shall
be entitled to recover back from the contractor the
amount, including costs for which the lien is established
in excess of any sum that may remain due from him to
the contractor. [1975 c 34 § 8; 1959 c 279 § 9; 1893 c 24
§ 10; RRS § 1139. Prior: Code 1881 § 1966 ; 1877 p 221
§ 28.]
60.04.130 Rank of lien--Application of proceeds--Attorney's fees. In every case in which different liens are claimed against the same property, the
court, in the judgment, must declare the rank of such
lien or class of liens, which shall be in the following
order:
(1) All persons performing labor.
(2) Contributions owed to employee benefit plans.
(3) All persons furnishing material or supplying
equipment.
(4) The subcontractors.
(5) The original contractors.
The proceeds of the sale of the property must be applied to each lien or class of liens in the order of its
rank; and personal judgment may be rendered in an
action brought to foreclose a lien, against any party
personally liable for any debt for which the lien is
claimed, and if the lien be established, the judgment
shall provide for the enforcement thereof upon the
property liable as in case of foreclosure of mortgages;
and the amount realized by such enforcement of the
lien shall be credited upon the proper personal judgment, and the deficiency, if any remaining unsatisfied,
shall stand as a personal judgment, and may be collected by execution against the party liable therefor. The
court may allow to the prevailing party in the action,
whether plaintiff or defendant, as part of the costs of
the action, the moneys paid for filing or recording the
claim, and a reasonable attorney's fee in the superior
court. court of appeals, and supreme court. [ 1975 c 34 §
9; 1971 c 81 § 129; 1969 c 38 § l; 1959 c 279 § 10; 1893
c 24 § 12; RRS § 1141. Prior: Code 1881 § 1967; 1877 p
[1975 RCW Supp---p 548)
Liens
222 § 29; 1873 p 443 § 8; 1863 p 420 § 6; 1860 p 287 §
6; 1854 p 393 § 6.]
60.04.210 Interim or construction financing--Notice of lien--Duty of lender to withhold from disbursements--Liabilities of lender and lien claimant. Any
lender providing interim or construction financing
where there is not a payment bond of at least fifty percent of the amount of construction financing shall observe the following procedures:
(1) Draws against construction financing shall be
made only after certification of job progress by the
general contractor and the owner or his agent in such
form as may be prescribed by the lender.
(2) Any potential lien claimant who has not received
a payment within twenty days after the date required
by his contract, employee benefit plan agreement, or
purchase order may within twenty days thereafter file a
notice as provided herein of the sums due and to become due, for which a potential lien claimant may
claim a lien under chapter 60.04 RCW.
(3) The notice must be filed in writing with the lender
at the office administering the interim or construction
financing, with a copy furnished to the owner and appropriate general contractor. The notice shall state in
substance and effect that such person, firm, trustee, or
corporation is entitled to receive contributions to any
type of employee benefit plan, has furnished labor, materials and supplies, or supplied equipment for which
right of lien is given by this chapter, with the name of
the general contractor, agent or person ordering the
same, a common or street address of the real property
being improved or developed, or if there be none the
legal description of said real property, description of the
labor, or material furnished, or equipment leased, or a
brief statement describing the nature of the contributions owed to any type of employee benefit plan, the
name, business address and telephone number of said
lien claimant which notice shall be given by mailing the
same by registered or certified mail, return receipt
requested.
(4) After the receipt of such notice, the lender shall
withhold from the next and subsequent draws such percentage thereof as is equal to that percentage of completion as certified in subsection (I) of this section,
which is attributable to the potential lien claimant as of
the date of the certification of job progress for the draw
in quest!on less contracted retainage. The percentage of
completion attributable to the lien claimant shall be
calculated from said certification of job progress, and
shall be reduced to reflect any sums paid to or withheld
for the potential lien claimant. Alternatively, the lender
may obtain from the general contractor or borrower a
payment bond for the benefit of the potential lien
claimant in such sum.
(5) Sums so withheld shall not be disbursed by the
l~nder e_xcept by the written agreement of the potential
hen claimant, owner and general contractor in such
form as may be prescribed by the lender, or the order
of a court of competent jurisdiction.
. (6) In the eve?t a lender fails to ~bide by the provis10ns of subsections (4) or (5) of this section, then the
Public Works
mortgage, deed of trust or other encun:ibrance securing
the lender will be subordinated to the hen of the potential lien claimant to the extent of the interim or construction financing wrongfully disbursed, but in no
event in an amount greater than the sums ultimately
determined to be due the potential lien claimant by a
court of competent jurisdiction, or more than the sum
stated in the notice, whichever is less.
(7) Any potential lien claimant shall be liable for any
loss, cost or expense, including reasonable attorney fees,
to the party injured thereby arising out of any unjust,
excessive or premature notice of claim. [ 1975 c 34 § 10;
1973 !st ex.s. c 47 § 2.]
Chapter 60.28
LIEN FOR LABOR, MATERIALS, TAXES ON
PUBLIC WORKS
Sections
60.28.010
60.28.020
Retained percentage-Labor and material lien created-Termination before completion-Chapter
deemed exclusive.
Excess over lien claims to contractor.
60.28.010 Retained percentage-Labor and material lien created--Termination before completion-Chapter deemed exclusive. (l) Contracts for public improvements or work, other than for professional services, by the state, or any county, city, town, district,
board, or other public body, herein referred to as "public body", shall provide, and there shall be reserved by
the public body from the moneys earned by the contractor on estimates during the progress of the improvement or work, a sum equal to ten percent of the
first one hundred thousand dollars and five percent for
all amounts over one hundred thousand dollars of such
estimates, said sum to be retained by the state, county,
city, town, district, board, or other public body, as a
trust fund for the protection and payment of any person
or persons, mechanic, subcontractor or materialman
who shall perform any labor upon such contract or the
doing of said work, and all persons who shall supply
such person or persons or subcontractors with provisions and supplies for the carrying on of such work, and
the state with respect to taxes imposed pursuant to Title
82 RCW which may be due from such contractor. Every person performing labor or furnishing supplies toward the completion of said improvement or work shall
have a lien upon said moneys so reserved: Provided,
That such notice of the lien of such claimant shall be
given in the manner and within the time provided in
RCW 39.08.030 through 39.08.060 as now existing and
in accordance with any amendments that may hereafter
be made thereto: Provided further, That the board,
council, commission, trustees, officer or body acting for
the state, county or municipality or other public body,
at any time after fifty percent of the original contract
work has been completed, if it finds that satisfactory
progress is being made, may make any of the partial
payments subsequently made in full; but in no event
shall the amount to be retained be reduced to less than
five percent of the amount of the moneys earned by the
contractor.
60.28.020
(2) The moneys reserved under the provisions of subsection (1) of this section, at the option of the contractor, shall be:
(a) Retained in a fund by the public body until thirty
days following the final acceptance of said improvement
or work as completed; or
(b) Deposited by the public body in an interest bearing account in a bank, mutual savings bank, or savin~s
and loan association, not subject to withdrawal until
after the final acceptance of said improvement. or work
as completed, or until agreed to by both parties:. Provided, That interest on such account shall be paid to
the contractor;
(c) Placed in escrow with a bank or trust company by
the public body until thirty days following the final acceptance of said improvement or work as completed.
When the moneys reserved are to be placed in escrow, the public body shall issue a check representing
the sum of the moneys reserved payable to the bank or
trust company and the contractor jointly. Such check
shall be converted into bonds and securities chosen by
the contractor and approved by the public body and
such bonds and securities shall be held in escrow. Interest on such bonds and securities shall be paid to the
contractor as the said interest accrues,
(3) If the public body administering a contract, other
than a contract governed by the provisions of RCW
60.28.070, as amended, after a substantial portion of the
work has been completed, finds that an unreasonable
delay will occur in the completion of the remaining
portion of the contract for any reason not the result of
a breach thereof, it may, if the contractor agrees, delete
from the contract the remaining work and accept as
final the improvement at the stage of completion then
attained and make payment in proportion to the
amount of the work accomplished and in such case any
amounts retained and accumulated under this section
shall be held for a period of thirty days following such
acceptance. In the event that the work shall have been
terminated before final completion as provided in this
section, the public body may thereafter enter into a new
contract with the same contractor to perform the remaining work or improvement for an amount equal to
or less than the cost of the remaining work as was provided for in the original contract without advertisement
or bid. The provisions of this chapter 60.28 RCW shall
be deemed exclusive and shall supersede all provisions
and regulations in conflict herewith. [ 1975 lst ex.s. c
104 § 1; 1970 ex.s. c 38 § 1; 1969 ex.s. c 151 § l; 1963 c
238 § 1; 1955 c 236 § l; 1921 c 166 § l; RRS § 10320.]
60.28.020 Excess over lien claims to contractor. After
the expiration of the thirty day period, and after receipt
of the department of revenue's certificate, and the public body is satisfied that the taxes certified as due or to
become due by the department of revenue are discharged, and the claims of materialmen and laborers
who have filed their claims, together with a sum sufficient to defray the cost of foreclosing the liens of such
claims, and to pay attorneys' fees, have been paid, the
(1975 RCW Supp--p 549)
Title 60:
60.28.020
public body shall pay to the contractor the fund retained by it or release to the contractor the securities
and bonds held in escrow.
If such taxes have not been discharged or the claims,
expenses, and fees have not been paid, the public body
shall either retain in its fund, or in an interest bearing
account, or retain in escrow, at the option of the contractor, an amount equal to such unpaid taxes and unpaid claims together with a sum sufficient to defray the
costs and attorney fees incurred in foreclosing the lien
of such claims, and shall pay, or release from escrow,
the remainder to the contractor. [1975 1st ex.s. c 104 §
2; 1970 ex.s. c 38 § 2; 1967 ex.s. c 26 § 23; 1955 c 236 §
2; 1921 c 166 § 2; RRS § 10321.]
Liens
any, the name and address of the tort-feasor,. if same or
any thereof are known, which claim shall be subscribed
by the claimant and verified before a person authorized
to administer oaths. [1975 lst ex.s. c 250 § 2; 1937 c 69
§ 2; RRS § 1209-2.]
Title 61
MORTGAGES, DEEDS OF TRUST, AND
TRUST RECEIPTS
Chapters
61.24 Deeds of trust.
Effective date-Purpose---Savings-1967 ex.s. c 26: See notes
following RCW 82.01.050.
Chapter 60.44
LIEN OF DOCTORS, NURSES, HOSPITALS,
AMBULANCE SERVICES
Chapter 61.24
DEEDS OF TRUST
Sections
61.24.010
61.24.020
Sections
60.44.010
60.44.020
Liens authorized.
Notice of lien-Contents-Filing.
60.44.010 Liens authorized. Every operator, whether
private or public, of an ambulance service or of a hospital, and every duly licensed nurse, practitioner, physician, and surgeon rendering service, or transportation
and care, for any person who has received a traumatic
injury and which is rendered by reason thereof shall
have a lien upon any claim, right of action, and/or
money to which such person is entitled against any
tort-feasor and/or insurer of such tort-feasor for the
value of such service, together with costs and such reasonable attorney's fees as the court may allow, incurred
in enforcing such lien: Provided, however, That nothing
in this chapter shall apply to any claim, right of action,
or money accruing under the workmen's compensation
act of the state of Washington, and: Provided, further,
That all the said liens for service rendered to any one
person as a result of any one accident or event shall not
exceed twenty-five percent of the amount of an award,
verdict, report, decision, decree, judgment, or settlement. [1975 lst ex.s. c 250 § l; 1937 c 69 § l; RRS §
1209-l.]
60.44.020 Notice of lien--Contents--Filing. No
person shall be entitled to the lien given by RCW 60.44.010 unless such person shall, within twenty days after the date of such injury or receipt of transportation
or care, or, if settlement has not been accomplished and
payment made to such injured person, then at any time
before such settlement and payment, file for record with
the county auditor of the county in which said service
was performed, a notice of claim stating the name and
address of the person claiming the lien and whether
such person claims as a practitioner, physician, nurse,
ambulance service, or hospital, the name and address of
the patient and place of domicile or residence, the time
when and place where the alleged fault or negligence of
the tort-feasor occurred, and the nature of the injury if
f1975 RCW Supp--p 550)
61.24.030
61.24.040
61.24.090
61.24.130
"Record", "recorded" defined--Trustee, qualifications-Successor trustee.
Deed may be foreclosed as provided in this chapterRecording and indexing--Trustee and beneficiary,
separate entities, exception.
Requisites to foreclosure.
Foreclosure and sale--Notice of sale.
Curing defaults before sale--Discontinuance of proceedings--Notice of discontinuance--Execution
and acknowledgment.
Restraint of threatened sale by trustee.
61.24.010 "Record", "recorded" defined--Trustee,
qualifications--Successor trustee. ( l) The terms
"record" and "recorded" as used in this chapter, shall
include the appropriate registration proceedings, in the
instance of registered land.
(2) The trustee of a deed of trust under this chapter
shall be:
(a) Any corporation or association authorized to engage in a trust business in this state; or
(b) Any title insurance company authorized to insure
title to real property under the laws of this state, or its
agents; or
(c) Any attorney who is an active member of the
Washington state bar association at the time he 1s
named trustee.
(d) Any agency of the United States government.
(3) In the event of the death, incapacity or disability,
or resignation of the trustee, the beneficiary may nominate in writing a successor trustee. Upon recording in
the mortgage records of the county or counties in which
the trust deed is recorded, of the appointment of a successor trustee, the successor trustee shall be vested with
all powers of the original trustee. [l 975 1st ex.s. c 129 §
l; 1965 c 74 § l.]
61.24.020 Deed may be foreclosed as provided in this
chapter--Recording and indexing--Trustee and
beneficiary, separate entities, exception. A deed conveying real property to a trustee in trust to secure the performance of an obligation of the grantor or another to
the beneficiary may be foreclosed as in this chapter
provided. The county auditor shall record such deed as
a mortgage and shall index the name of the grantor as
61.24.040
Deeds of Trust
mortgagor and the names of the trustee and beneficiary
as mortgagee. No person, corporation or association
may be both trustee and beneficiary under the same
deed of trust: Provided, That any agency of the United
States government may be both trustee and beneficiary
under the same deed of trust. [1975 lst ex.s. c 129 § 2;
1965 c 74 § 2.]
61.24.030 Requisites to foreclosure. It shall be requisite, to foreclosure under this chapter:
(l) That the deed of trust contains a power of sale;
(2) That the deed of trust provides in its terms that
the real property conveyed is not used principally for
agricultural or farming purposes;
(3) That a default has occurred in the obligation secured or a covenant of the grantor, which by the terms
of the deed of trust makes operative the power to sell;
(4) That no action is pending on an obligation secured by the deed of trust;
(5) That the deed of trust has been recorded in each
county in which the land or some part thereof is situated; and
(6) That at least thirty days before notice of sale shall
be recorded, transmitted or served, written notice of
default shall be transmitted by the beneficiary or trustee
to the grantor or any successor in interest at his last
known address by both first class and certified mail, return receipt requested, and the beneficiary or trustee
shall cause to be posted in a conspicuous place on said
premises, a copy of said notice, or personally served on
the grantor or his successor in interest. This notice shall
contain the following information:
(a) A description of the property which is then subject to the deed of trust;
(b) The book and the page of the book of records
wherein the deed of trust is recorded;
(c) That the beneficiary has declared the grantor or
any successor in interest to be in default, and a concise
statement of the default alleged;
(d) An itemized account of the amount or amounts in
arrears if the default alleged is failure to make
payments;
(e) An itemized account of all other specific charges,
costs or fees that the grantor is or may be obliged to
pay to reinstate the deed of trust before the recording of
the notice of sale;
(t) The total of subparagraphs (d) and (e) of this subsection, designated clearly and conspicuously as the
amount necessary to reinstate the note and deed of
trust before the recording of the notice of sale;
(g) That failure to cure said alleged default within
thirty days of the date of mailing of the notice, or if
personally served, within thirty days of the date of personal service thereof, may lead to recordation, transmittal and publication of a notice of sale, and that the
property described in subparagraph (a) of this subsection may be sold at public auction at a date no less
than one hundred twenty days in the future;
(h) That the effect of the recordation, transmittal and
publication of a notice of sale will be to (i) increase the
costs and fees and (ii) publicize the default and advertise the grantor's property for sale;
(i) That the effect of the sale of the grantor's property
by the trustee will be to deprive the grantor or his successor in interest and all those who hold by, through or
under him of all their interest in the property described
in subsection (a);
U) That the grantor or any successor in interest has
recourse to the courts to contest the alleged default on
any proper ground. [1975 lst ex.s. c 129 § 3; 1965 c 74 §
3.]
61.24.040 Foreclosure and sale-Notice of sale. A
deed of trust may be foreclosed in the following
manner:
(l) At least ninety days before the sale, the trustee
shall:
(a) Record a notice in the form hereinafter specified
in RCW 6l.24.040(l)(t) in the office of the auditor in
each county in which the deed of trust is recorded;
(b) Cause a copy of the notice as hereinafter provided
in RCW 6l.24.040(1)(t), to be transmitted by both first
class and certified mail, return receipt requested, to
each person who has an interest in or lien or claim of
lien against the property or some part thereof, provided
such interest, lien or claim is of record at the time the
notice is recorded and further provided the address of
such person is stated in the recorded instrument recording his interest, lien or claim, or is otherwise known
to the trustee;
(c) Cause a copy of the notice as hereinafter provided
in RCW 61.24.040( l )(t) to be transmitted by both first
class and certified mail, return receipt requested, to the
plaintiff or his attorney of record, in any court action to
foreclose a lien or other encumbrance on all or any part
of the property, provided a court action is pending and
a !is pendens in connection therewith is on file on the
date the notice is recorded in the office of the auditor;
(d) Cause a copy of the notice as hereinafter provided
in RCW 6l.24.040(l)(t) to be transmitted by both first
class and certified mail, return receipt requested, to any
person who shall have requested such notice in writing
to the trustee at the address specified by the requesting
person;
(e) Cause a copy of the notice as hereinafter provided
in RCW 61.24.040( I )(t) to be posted in a conspicuous
place on said premises, or in lieu of posting, cause a
copy of said notice to be served upon any occupant of
said real property;
(f) The notice shall be in the following form:
NOTICE OF TRUSTEE'S SALE
I.
NOTICE IS HEREBY GIVEN that the undersigned
trustee will on the _____ day of __________ , 19 __ , at
the hour of _____ o'clock _____ M. at _____________ _
[street address and location if inside a building] in the
City of __________ , State of Washington, sell at public
auction to the highest and best bidder, payable at the
time of sale, the following described real property, situated in the County of __________ , State of Washington,
11975 RCW Supp---p 5511
Title 61:
61.24.040
Mortgages, Deeds of Trust, and Trust Receipts
to-wit:
VI.
A written notice of default was transmitted by the Beneficiary or trustee to the grantor or his successor in interest at the following address:
which is subject to that certain deed of trust dated
__________ , 19 __ , recorded __________ , 19 __ , in volume _____ of Mortgages, at Page _____ , under Auditor's File No. _____ , mortgage records of _________ _
County, Washington, from _______________ , as Grantor, to _______________ , as Trustee, to secure an obligation in favor of _______________ , as Beneficiary, the
beneficial interest in which was assigned by
_______________ ,under an Assignment dated
_______________ , 19 __ , and recorded under Auditor's
File No.-----·
II.
by both first class and certified mail on the _____ day
of __________ , 19 __ , proof of which is in the possession
of the trustee; or the grantor or his successor in interest
was personally served on the _____ day of __________ ,
19 __ , with said written notice of default by the beneficiary or his trustee, and the trustee has in his possession
proof of such service.
VII.
No action is now pending to seek satisfaction of the
obligation in any Court by reason of the Grantor's default on the obligation secured by said deed of trust.
The Trustee whose name and address is set forth below
will provide in writing to anyone requesting it, a statement of all costs and fees due at any time prior to the
sale.
III.
VIII.
The default for which this foreclosure is made is as
follows:
The effect of the sale will be to deprive the grantor and
all those who hold by, through or under him of all their
interest in the above-described property.
[If default is for other than payment of money, set
forth the particulars]
IX.
Failure t? pay when due the following amounts which
are now m arrears:
Anyone having any objection to the sale on any
grounds whatsoever will be afforded an opportunity to
be heard as to those objections if they bring a lawsuit to
restrain the sale pursuant to RCW 61.24.130. Failure to
bring such a lawsuit may result in a waiver of any
proper grounds for invalidating the trustee's sale.
_______________ , Trustee
IV.
The sum owing on the obligation secured by the deed
of trust is: Principal$ __________ , together with interest
as in the note provided from the __ __ _ day of
__________ , 19 __ , and such other costs and fees as are
provided by statute.
v.
The above-described real property will be sold to satisfy the expense of sale and the obligation secured by
said Deed of Trust as provided by statute. Said sale will
be made without warranty, express or implied, regarding title, possession, or encumbrances on the _____ day
of __________ , 19 __ . The defaults referred to in paragraph III must be cured by the _ __ __ day of
__________ , 19 __ , (IO days before the sale) to cause a
discontinuance of the sale. The sale will be discontinued
and terminated if at any time before the _____ day of
__________ , 19 __ , (IO days before the sale) the default
as set forth in paragraph III is cured and the Trustee's
fees and costs are paid. The sale may be terminated by
the grantor anytime after the _____ day of __________ ,
19 __ , (IO days before the sale) and before the sale by
the grantor or his successor in interest paying the principal and interest plus costs and fees.
(1975 RCW Supp--p 5521
:::: ::::::::} Address
______________ } Phone
STATE OF WASHINGTON
COUNTY OF
On this day personally appeared before me
_______________ , to me known to be the individual
described in and who executed the within and foregoing
instrument, and acknowledged that he signed the same
as his free and voluntary act and deed, for the uses and
purposes therein mentioned.
GIVEN under my hand and official seal this _____ day
of __________ , 19 __ .
NOTARY PUBLIC in and for the
State of Washington, residing at
[SEAL]
(2) In addition to providing the grantor or his successor in interest the notice as provided in RCW
61.24.040(1 )(t), the trustee shall include with the notice
provided in RCW 6l.24.040(l)(t) a statement to the
Deeds of Trust
grantor or his successor in interest in substantially the
following form:
NOTICE OF FORECLOSURE
Pursuant to the Revised Code of Washington,
Chapter 61.24, et seq.
The attached Notice of Sale is a consequence of your
default in your obligation to __________ , the beneficiary of your Deed of Trust and holder of your Note.
Unless you cure the default, your property will be sold
at auction on the _____ day of __________ , 19 __ ,
To cure your default, you must bring your payments
current and pay accrued late charges and other costs
and attorneys fees as set forth below by the _____ day
of __________ , 19 __ . (IO days before sale date). To
date, these arrears and costs are as follows:
Currently
due to
reinstate
Amount that will
be due to
reinstate in
40 days
80 days
[date]
[date]
$ ____ _
$ ____ _
$ ____ _
$ ____ _
Delinquent
payments
from the !st
day
of
__________ ,
19 __ , in the
amount of:
[date]
$ ____ _
$ ____ _
$ ____ _
$ ____ _
$ ____ _
Estimated
Costs
Estimated
Costs
Late charge
for every delinquent dollar owed in
the amount
of:
Attorneys
fees in the
amount of:
Trustee's
expenses m
the amount of:
[Itemization]
TOTALS
61.24.040
You may reinstate your Note and Deed of Trust at
any time up to the _____ day of __________ , 19 __ , (10
days before the sale date) by paying the amount as set
forth above. Of course, each month that passes brings
another monthly payment due, and such monthly payment and any late charge must be added to your reinstating payment. AFTER THE _____ DAY OF
__________ , 19 __ , (THE 80TH DAY), YOU MAY
NOT REINSTATE YOUR DEED OF TRUST BY
PA YING THE BACK PAYMENTS AND COSTS
AND FEES AS OUTLINED ABOVE. In such a case,
you will only be able to stop the sale by paying the total
principal balance ($ __________ ) plus accrued interest,
costs and advances, if any, made pursuant to the terms
of the documents.
You may contest this default by initiating court action in the Superior Court of __________ County. In
such action, you may raise any legitimate defenses you
have to this default. You may also contest this sale in
court by initiating court action. A copy of your Note
and Deed of Trust are enclosed. You may wish to consult a lawyer. Legal action on your part may prevent or
restrain the sale, but only if you persuade the court of
the merits of your defense.
If you do not reinstate your Note and Deed of Trust
by paying the amount demanded here, or if you do not
succeed in restraining the sale by court action, your
property will be sold to satisfy your obligations. The effect of such sale will be to deprive you and all those
who hold by, through or under you of all interest in the
property;
(3) In addition the trustee shall cause a copy of the
notice as provided in RCW 61.24.040(1 )(f) to be published in a legal newspaper in each county in which the
property or any part thereof is situated, once weekly
during the four weeks preceding the time of sale;
(4) On the date and at the time designated in the notice of sale, the trustee shall sell the property at public
auction to the highest bidder. The trustee may sell the
property in gross or in parcels as the trustee shall deem
most advantageous;
(5) The place of sale shall be at any designated public
place within the county where the property is located
and if the property is in more than one county, the sale
may be in either of the counties where the property is
located. The sale shall be on the day and during the
hours set by statute for the conduct of sales of real estate at execution;
(6) The trustee may for any cause he deems advantageous continue the sale for a period or periods not exceeding a total of thirty days by a public proclamation
at the time and place fixed in the notice of sale. No
other notice of the postponed sale need be given;
(7) The purchaser shall forthwith pay the price bid
and on payment the trustee shall execute to the purchaser its deed; the deed shall recite the facts showing
that the sale was conducted in compliance with all of
the requirements of this chapter and of the deed of
trust, which recital shall be prima facie evidence of such
compliance and conclusive evidence thereof in favor of
bona fide purchasers and encumbrancers for value;
[1975 RCW Supp--p 5531
61.24.040
Title 61:
Mortgages, Deeds of Trust, and Trust Receipts
(8) The sale as authorized under this chapter shall not
take place less than one hundred ninety days from the
date of default in the obligation secured. [1975 1st ex.s.
c 129§4; 1967c30§ L 1965c74§4.]
61.24.090 Curing defaults before sale----Discontinuancc of proceedings--Notice of discontinuance-Execution and acknowledgment. (1) At any time prior to
the tenth day before the date set by the trustee for the
sale in the recorded notice of sale, or in the event the
trustee continues the sale pursuant to RCW
61.24.040(6), at any time prior to the tenth day before
the actual sale, the grantor or his successor in interest,
any beneficiary under a subordinate deed of trust or
any person having a subordinate lien or encumbrance
of record on the trust property or any part thereof, shall
be entitled to cause a discontinuance of the sale proceedings by curing the default or defaults set forth in
the notice, which in the case of a default by failure to
pay, shall be by paying to the trustee:
(a) The entire amount then due under the terms of
the deed of trust and the obligation secured thereby,
other than such portion of the principal as would not
then be due had no default occurred, and
(b) The expenses actually incurred by the trustee enforcing the terms of the note and deed of trust, including a reasonable trustee's fee, which is not to exceed
twenty-five dollars at the time the notice of trustee's
sale is given and is not to exceed fifty dollars forty days
after the date of notice of trustee's sale is given and is
not to exceed seventy-five dollars eighty days after the
date of notice of trustee's sale is given, together with the
trustee's reasonable attorney's fees, together with costs
of recording the notice of discontinuance of notice of
trustee's sale. In the event the property secured by the
deed of trust is a single family dwelling the total of the
trustee's fees and the attorney's fees shall not exceed
two hundred fifty dollars without court approval.
(2) Upon receipt of such payment the proceedings
shall be discontinued, the deed of trust shall be reinstated and the obligation shall remain as though no acceleration had taken place.
(3) In the case of a default which is occasioned by
other than failure to make payments, the person or persons causing the said default shall pay the expenses incurred by the trustee and the trustee's fees as set forth
in subsection (l)(b) of this section.
(4) Any person having a subordinate lien of record
on the trust property and who has cured the default or
defaults pursuant to this section shall thereafter have
included in his lien all payments made to cure any defaults, including interest thereon at eight percent per
annum, payments made for trustees' costs and fees incurred as authorized herein, and his reasonable attorney's fees and costs incurred resulting from any judicial
action commenced to enforce his rights to advances
under this section.
(5) If the default is cured and the obligation and the
deed of trust reinstated in the manner hereinabove provided, the trustee shall properly execute, acknowledge
and cause to be recorded a notice of discontinuance of
11975 RCW Sup~ 5541
trustee's sale under such deed of trust. A notice of discontinuance of trustee's sale when so executed and acknowledged is entitled to be recorded and shall be
sufficient if it sets RCW 61.24.040(6), at any time prior
to the tenth which the deed of trust is recorded and a
reference to the notice of sale and the book and page
on which the name is recorded, and a notice that such
sale is discontinued. [1975 1st ex.s. c 129 § 5; 1967 c 30
§ 4; 1965 c 74 § 9.]
61.24.130 Restraint of threatened sale by trustee.
Nothing contained in this chapter shall prejudice the
right of the grantor or his successor in interest to restrain, on any proper ground, a threatened sale by the
trustee under a deed of trust. In the event that the
property secured by the deed of trust is a single family
dwelling occupied by the grantor or his successor in interest, and the court finds that there is proper ground to
restrain a threatened sale by the trustee under a deed of
trust, the court shall require the grantor or his successor
in interest to enter into a bond in the amount of two
hundred fifty dollars with surety to the satisfaction of
the clerk of the superior court to the adverse party affected thereby, conditioned to pay all damages and
costs which may accrue by reason of the injunction or
restraining order. In addition, the court shall require as
a condition of continuing the restraining order that the
grantor or his successors in interest shall pay to the
clerk of the court every thirty days the monthly payment of principal and interest that would be due on the
obligation secured by the deed of trust if the deed of
trust was not being foreclosed. [ 1975 1st ex.s. c 129 § 6;
1965 c 74 § 13.]
Title 62A
UNIFORM COMMERCIAL CODE
Articles
6
Bulk transfers.
Article 6
BULK TRANSFERS
Sections
62A.6-104
62A.6-107
Schedule of property, list of creditors.
The notice.
62A.~104 Schedule of property, list of creditors. (1)
Except as provided with respect to auction sales (RCW
62A.6-108), a bulk transfer subject to this Article is ineffective against any creditor of the transferor unless:
(a) The transferee requires the transferor to furnish a
list of his existing creditors prepared as stated in this
section; and
(b) The parties prepare a schedule of the property
transferred sufficient to identify it; and
(c) The transferee preserves the list and schedule for
six months next following the transfer and permits inspection of either or both and copying therefrom at all
reasonable hours by any creditor of the transferor, and
Unclaimed Property in Hands of City or Town
files the list and schedule in the office of the county auditor of the county in which the property transferred is
located and serves it upon the office of the state department of revenue; the list and schedule shall be indexed
as chattel mortgages are indexed, the name of the vendor being indexed as mortgagor and the name of the
intending purchaser as mortgagee.
(2) The list of creditors and the schedule must be
signed and sworn to by the transferor or his agent. It
must contain the names and business addresses of all
creditors of the transferor, with the amounts when
known, and also the names of all persons who are
known to the transferor to assert claims against him
even though such claims are disputed. If the transferor
is the obligor of an outstanding issue of bonds, debentures or the like as to which there is an indenture trustee, the list of creditors need include only the name and
address of the indenture trustee and the aggregate outstanding principal amount of the issue.
(3) Responsibility for the completeness and accuracy
of the list of creditors rests on the transferor, and the
transfer is not rendered ineffective by errors or omissions therein unless the transferee is shown to have had
knowledge. [ 1975 I st ex.s. c 278 § 33; 1965 ex.s. c 157 §
6-104. Cf. former RCW sections: (i) RCW 63.08.020;
1953 c 247 § I; 1943 c 98 § I, part; 1939 c 122 § I, part;
1925 ex.s. c 135 § 2, part; Rem. Supp. 1943 § 5832,
part; prior: 1901 c 109 § I, part. (ii) RCW 63.08.040;
1953 c 247 § 3; 1943 c 98 § I, part; 1939 c 122 § I, part;
1925 ex.s. c 135 § 2, part; Rem. Supp. 1943 § 5832,
part; prior: 1901 c 109 § I, part. (iii) RCW 63.08.050;
1953 c 247 § 4; 1939 c 122 § 2; 1925 ex.s. c 135 § 3;
RRS § 5833; prior: 1901 c 109 § 2. (iv) RCW 63.08.060;
1939 c 122 § 3; 1925 ex.s. c 135 § 4; RRS § 5834; prior:
1901 c 109 § 3.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW I 1.08.160.
62A.6-107 The notice. (I) The notice to creditors
(RCW 62A.6-105) shall state:
(a) that a bulk transfer is about to be made; and
(b) the names and business addresses of the transferor and transferee, and all other business names and addresses used by the transferor within three years last
past so far as known to the transferee; and
(c) whether or not all the debts of the transferor are
to be paid in full as they fall due as a result of the
transaction, and if so, the address to which creditors
should send their bills.
(2) If the debts of the transferor are not to be paid in
full as they fall due or if the transferee is in doubt on
that point then the notice shall state further:
(a) the location and general description of the property to be transferred and the estimated total of the
transferor's debts;
(b) the address where the schedule of property and
list of creditors (RCW 62A.6-104) may be inspected;
(c) whether the transfer is to pay existing debts and if
so the amount of such debts and to whom owing;
(d) whether the transfer is for new consideration and
if so the amount of such consideration and the time and
place of payment; and
63.36.010
(e) if for new consideration the time and place where
creditors of the transferor are to file their claims.
(3) The notice in any case shall be delivered personally or sent by registered or certified mail to all the persons shown on the list of creditors furnished by the
transferor (RCW 62A.6-104). to all other persons who
are known to the transferee to hold or assert claims
against the transferor, and to the office of the state department of revenue. A copy of the notice shall be filed
in the office of the county auditor of the county in
which the property transferred is located and indexed
as chattel mortgages are indexed, the name of the vendor being indexed as mortgagor and the name of the
intending purchaser as mortgagee. [1975 !st ex.s. c 278
§ 34; 1965 ex.s. c 157 § 6-107. Cf. former RCW 63.08.040; 1953 c 247 § 3; 1943 c 98 § I, part; 1939 c 122 § I,
part; 1925 ex.s. c 135 § 2, part; Rem. Supp. 1943 §
5832, part; prior: 1901 c 109 § 1, part.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW I 1.08.160.
Title 63
PERSONAL PROPERTY
Chapters
63.28 Uniform disposition of unclaimed property.
63.36 Unclaimed property in hands of city or town.
Chapter 63.28
UNIFORM DISPOSITION OF UNCLAIMED
PROPERTY
Sections
63.28.360
Chapter not applicable to city, town or port district.
63.28.360 Chapter not applicable to city, town or port
district. The provisions of chapter 63.28 RCW shall not
apply to unclaimed property or moneys in the possession of any city, town or port district or a department
or agency thereof. [1975 1st ex.s. c 28 § 4; 1959 c 289 §
I.]
Unclaimed property in hands of city or town: Chapter 63.36 RCW.
Chapter 63.36
UNCLAIMED PROPERTY IN HANDS OF CITY
OR TOWN
Sections
63.36.010
63.36.020
63.36.030
Publication and contents of notice of unclaimed personal property or moneys.
Sale authorized-Notice.
Disposition of proceeds of sale.
63.36.010 Publication and contents of notice of unclaimed personal property or moneys. Whenever any unclaimed personal property or moneys in the possession
of the governing authority of any city, town or port
district, or department or agency thereof, have not been
claimed for a period of sixty days or more from the
date the property first came into such possession or
11975 RCW Supp--p 555)
63.36.010
Title 63:
Personal Property
from the date the moneys first became payable or returnable, the governing authority shall cause a notice to
be published at least once a week for two successive
weeks in a newspaper of general circulation in the
county in which such city, town or port district is located. The notice shall set forth the name, if known,
and the last known address, if any, of each person appearing from the records of the governing authority to
be the owner of any such unclaimed money or personal
property; a brief statement concerning the amount of
money or a description of the personal property; and
the name and address of the governing authority, department or agency possessing the money or personal
property and the place where it may be claimed. [1975
1st ex.s. c 28 § 1; 1973 1st ex.s. c 44 § 2; 1959 c 289 §
2.]
63.36.020 Sale authorized--Notice. If the owner
of, or other person having a claim to, any such personal
property or money does not claim the property or
money within ten days after the last date the notice was
published, such governing authority shall cause any
such personal property to be sold at public auction
pursuant to a public notice at least ten days prior
thereto published in a newspaper of general circulation
within the city or town, if the property is in the possession of a city or town, or if the property is in the possession of a port district, in a newspaper of general
circulation within the county in which the port district
is located. The notice shall state the day, time, and
place of sale and contain a description of the personal
property to be sold. [1975 lst ex.s. c 28 § 2; 1973 1st
ex.s. c 44 § 3; 1959 c 289 § 3.]
63.36.030 Disposition of proceeds of sale. The proceeds from the sale of any such personal property less
the expenses of advertising and sale together with any
unclaimed moneys, less the expenses of advertising,
shall accrue to the port district, or where the sale is by a
city or town, to the city or town fund pertaining to the
department or agency from whose functions the unclaimed personal property or moneys was derived unless there is no such fund or the unclaimed personal
property or moneys was not derived from any particular department or agency of a city or town, then the
proceeds of any such sale or such moneys shall accrue
to the current expense fund of the city or town. [1975
1st ex.s. c 28 § 3; 1959 c 289 § 4.]
Title 66
ALCOHOLIC BEVERAGE CONTROL
Chapters
66.08 Liquor control board--General provisions.
66.12 Exemptions.
66.20 Liquor permits.
66.24 Licenses-Stamp taxes.
66.28 Miscellaneous regulatory provisions.
66.44 Enforcement--Penalties.
11975 RCW Supp---p 556]
Chapter 66.08
LIQUOR CONTROL BOARD-GENERAL
PROVISIONS
Sections
66.08.050
Powers of board in general.
66.08.050 Powers of board in general. The board,
subject to the provisions of this title and the regulations,
shall
(I) determine the localities within which state liquor
stores shall be established throughout the state, and the
number and situation of the stores within each locality;
(2) appoint in cities and towns and other communities, in which no state liquor store is located, liquor
vendors. Such liquor vendors shall be agents of the
board and be authorized to sell liquor to such persons,
firms or corporations as provided for the sale of liquor
from a state liquor store, and such vendors shall be
subject to such additional rules and regulations consistent with this title as the board may require;
(3) establish all necessary warehouses for the storing
and bottling, diluting and rectifying of stocks of liquors
for the purposes of this title;
(4) provide for the leasing for periods not to exceed
ten years of all premises required for the conduct of the
business; and for remodeling the same, and the procuring of their furnishings, fixtures, and supplies; and for
obtaining options of renewal of such leases by the lessee. The terms of such leases in all other respects shall
be subject to the direction of the board;
(5) determine the nature, form and capacity of all
packages to be used for containing liquor kept for sale
under this title;
(6) execute or cause to be executed, all contracts, papers, and documents in the name of the board, under
such regulations as the board may fix;
(7) pay all customs, duties, excises, charges and obligations whatsoever relating to the business of the
board;
(8) require bonds from all employees in the discretion
of the board, and to determine the amount of fidelity
bond of each such employee;
(9) perform all other matters and things, whether
similar to the foregoing or not, to carry out the provisions of this title, and shall have full power to do each
and every act necessary to the conduct of its business,
including all buying, selling, preparation and approval
of forms, and every other function of the business
whatsoever, subject only to audit by the state auditor.
[1975 1st ex.s. c 173 § 1; 1969 ex.s. c 178 § 1; 1963 c 239
§ 3; 1935 c 174 § 10; 1933 ex.s. c 62 § 69; RRS §
7306-69.]
Severability--1975 1st ex.s. c 173: "If any phrase, clause, subsection, or section of this 1975 amendatory act shall be declared unconstitutional or invalid by any court of competent jurisdiction, it shall
be conclusively presumed that the legislature would have enacted this
1975 amendatory act without the phrase, clause, subsection, or section
so held unconstitutional or invalid and the remainder of the act shall
not be affected as a result of said part being held unconstitutional or
invalid." [1975 !st ex.s. c 173 § 13.]
Effective date--1975 1st ex.s. c 173: "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
66.24.305
Licenses--Stamp Taxes
institutions, and shall take effect July 1, 1975." (1975 1st ex.s. c 173 §
14.]
Chapter 66.12
EXEMPTIONS
Sections
66.12.110
66.12.110
66.12.120
Bringing alcoholic beverages into United States duty
free for personal use (as amended by 1975 1st ex.s. c
173).
Bringing alcoholic beverages into United States duty
free for personal use--Payment of markup and tax
on excess amounts--Class H license proximate to
border (as amended by 1975 1st ex.s. c 256).
Bringing alcoholic beverages into state from another
state--Payment of markup and tax.
66.12.110 Bringing alcoholic beverages into United States duty free
for personal use (as amended by 1975 1st ex.s. c 173). A person twenty-one years of age or over may bring into the state from without the
United States, free of tax and markup, for his personal or household
use such alcoholic beverages as have been declared and permitted to
enter the United States duty free under federal law.
Such entry of alcoholic beverages in excess of that herein provided
may be authorized by the board upon payment of an equivalent
markup and tax as would be applicable to the purchase of the same
or similar liquor at retail from a state liquor store. The board shall
adopt appropriate regulations pursuant to chapter 34.04 RCW for the
purpose of carrying out the provisions of this section. [1975 1st ex.s. c
173 § 2; 1967 c 38 § I.]
Severability--Effective date--1975 1st ex.s. c 173: See notes
following RCW 66.08.050.
66.12.110 Bringing alcoholic beverages into United States duty free
for personal use--Payment of markup and tax on excess
amoun1-Class H license proximate to border (as amended by 1975
1st ex.s. c 256). A person twenty-one years of age or over may bring
into the state from without the United States, free of tax and markup,
for his personal or household use such alcoholic beverages as have
been declared and permitted to enter the United States duty free under federal law.
Such entry of alcoholic beverages in excess of that herein provided
may be authorized by the board upon payment of an equivalent
markup and tax as would be applicable to the purchase of the same
or similar liquor at retail from a Washington state liquor store. The
board shall adopt appropriate regulations pursuant to chapter 34.04
RCW for the purpose of carrying out the provisions of this section.
The board may issue a class H license to a charitable or nonprofit
corporation of the state of Washington, the majority of the officers
and directors of which are United States citizens and the minority of
the officers and directors of which are citizens of the Dominion of
Canada, and where the location of the premises for such class H license is not more than ten miles south of the border between the
United States and the province of British Columbia. [1975 !st ex.s. c
256§ I; 1967c38§ I.]
Reviser's note: RCW 66.12.110 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.
for the purpose of carrying into effect the provisions of
this section. [ 1975 l st ex.s. c 173 § 3.]
Severability--Effective date-1975 1st ex.s. c 173: See notes
following RCW 66.08.050.
Chapter 66.20
LIQUOR PERMITS
Sections
66.20.190
66.20.190 Identification card holder may be required
to sign certification card--Contents-ProcedureAffidavit. In addition to the presentation by the holder
and verification by the licensee or store employee of
such card of identification, the licensee or store employee who is still in doubt about the true age of the
holder shall require the person whose age may be in
question to sign a certification card and record an accurate description and serial number of his card of
identification thereon. Such statement shall be upon a
five-inch by eight-inch file card, which card shall be
filed alphabetically by the licensee or store employee at
or before the close of business on the day on which the
statement is executed, in the file box containing a suitable alphabetical index and the card shall be subject to
examination by any peace officer or agent or employee
of the board at all times. The certification card shall
also contain in bold-face type an affidavit stating that
the signer understands that conviction for unlawful
purchase of alcoholic beverages or misuse of the certification card may result in criminal penalties including
imprisonment or fine or both. [1975 lst ex.s. c 173 § 4;
1973 lst ex.s. c 209 § 7; 1971 ex.s. c 15 § 5; 1959 c 111 §
7; 1949 c 67 § 4; Rem. Supp. 1949 § 7306-190.]
Severability--Effective date--1975 1st ex.s. c 173: See notes
following RCW 66.08.050.
Severability--Effective date--1973 1st ex.s. c 209: See notes
following RCW 66.08.070.
Effective date--1971 ex.s. c 15: See note following RCW
66.16.040.
Chapter 66.24
LICENSES--STAMP TAXES
Sections
66.24.305
66.24.390
66.24.395
66.24.420
66.24.510
66.12.120 Bringing alcoholic beverages into state
from another state-Payment of markup and tax. Notwithstanding any other provision of Title 66 RCW, a
person twenty-one years of age or over may be authorized by the board to bring into the stat<.. of Washington
from another state a reasonable amount of alcoholic
beverages for personal or household use only upon
payment of an equivalent markup and tax as would be
applicable to the purchase of the same or similar liquor
at retail from a state liquor store. The board shall adopt
appropriate regulations pursuant to chapter 34.04 RCW
Identification card holder may be required to sign certification card--Con ten ts--Proced ure--Affida vi t.
Refunds of taxes on unsalable wine and beer.
Repealed.
Interstate common carriers' licenses--Class CCI.
Liquor by the drink, class H licenses--Schedule of
fees--Location--Number of licenses.
Nonprofit organization special occasion license--Class
K--Fee.
66.24.305 Refunds of taxes on unsalable wine and
beer. The board may refund the tax on wine imposed
by RCW 66.24.210, and the tax on be"er imposed by
RCW 66.24.290, when such taxpaid products have been
deemed to be unsalable and are destroyed within the
state in accordance with procedures established by the
board. [1975 1st ex.s. c 173 § 11.]
Severability--Effective date--1975 1st ex.s. c 173: See notes
following RCW 66.08.050.
(1975 RCW Supp--p 557)
66.24.390
Title 66:
Alcoholic Beverage Control
66.24.390 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
66.24.395 Interstate common carriers' licenses-Class CCI. (1) (a) There shall be a license that may be
issued to corporations, associations, or persons operating as federally licensed commercial common passenger carriers engaged in interstate commerce, in or over
territorial limits of the state of Washington on passenger trains, vessels, or airplanes. Such license shall permit
the sale of spirituous liquor, wine, and beer at retail for
passenger consumption within the state upon one such
train passenger car, vessel, or airplane, while in or over
the territorial limits of the state. Such license shall include the privilege of transporting into and storing
within the state such liquor for subsequent retail sale to
passengers in passenger train cars, vessels or airplanes.
The fees for such master license shall be six hundred
dollars per annum (class CCI-I): Provided, That where
the sale and/ or service of alcoholic beverages by such
federally licensed common passenger carrier does not
include spirituous liquor, the fee shall be two hundred
dollars per annum (class CCI-2): Provided, further,
That upon payment of an additional sum of five dollars
per annum per car, or vessel, or airplane, the privileges
authorized by such license classes shall extend to additional cars, or vessels, or airplanes operated by the same
licensee within the state, and a duplicate license for
each additional car, or vessel, or airplane shall be issued: Provided, further, That such licensee may make
such sales and/ or service upon cars, or vessels, or airplanes in emergency for not more than five consecutive
days without such license: And provided, further, That
such license shall be valid only while such cars, or vessels, or airplanes are actively operated as common carriers for hire in interstate commerce and not while they
are out of such common carrier service.
(b) Alcoholic beverages sold and/or served for consumption by such interstate common carriers while
within or over the territorial limits of this state shall be
subject to such board markup and state liquor taxes in
an amount to approximate the revenue that would have
been realized from such markup and taxes had the alcoholic beverages been purchased in Washington: Provided, That the board's markup shall be applied on
spirituous liquor only. Such common carriers shall report such sales and/or service and pay such markup
and taxes in accordance with procedures prescribed by
the board.
(2) Where such an interstate federally licensed common carrier does not sell spirituous liquor, wine, or beer
at retail for passenger consumption while within or over
the territorial limits of this state, but the business operation of the interstate common carrier requires the
bringing in and storing of liquor within the state the license fee shall be four hundred dollars per annum
(class CCI-3): Provided, That where such transporting
and/ or storage of alcoholic beverages by such common
carrier does not include spirituous liquor, the license fee
shall be one hundred dollars per annum (class CCI-4).
(3) Alcoholic beverages sold and delivered in this
state to interstate common carriers for use under the
11975 RCW Supp--p 5581
provisions of this section shall be considered exported
from the state, subject to the conditions provided in
subsection ( l )(b ). The storage facilities for liquor within
the state by common carriers licensed under this section
shall be subject to written approval by the board. [ 1975
lst ex.s. c 245 § 2.]
66.24.420 Liquor by the drink, class H licensesSchedule of fees--Location--Number of licenses.
( l) The class H license shall be issued in accordance
with the following schedule of annual fees:
(a) The annual fee for said license, if issued to a club,
whether inside or outside of incorporated cities and
towns, shall be three hundred thirty dollars.
(b) The annual fee for said license, if issued to any
other class H licensee in incorporated cities and towns,
shall be graduated according to the population thereof
as follows:
Incorporated cities and towns of less than 10,000
population; fee $550.00;
Incorporated cities and towns of 10,000 and less than
100,000 population; fee $825.00;
Incorporated cities and towns of 100,000 population
and over; fee $1,100.00.
(c) The annual fee for said license when issued to any
other class H licensee outside of incorporated cities and
towns shall be: one thousand one hundred dollars; this
fee shall be prorated according to the calendar months,
or major portion thereof, during which the licensee is
open for business, except in case of suspension or revocation of the license.
(d) Where the license shall be issued to any corporation, association or person operating a bona fide restaurant in an airport terminal facility providing service
to transient passengers with more than one place where
liquor is to be dispensed and sold, such license shall be
issued upon the payment of the annual fee, which shall
be a master license and shall permit such sale within
and from one such place. Such license may be extended
to additional places on the premises at the discretion of
the board and a duplicate license may be issued for
each such additional place: Provided, That the holder
of a master license for a restaurant in an airport terminal facility shall be required to maintain in a substantial
manner at least one place on the premises for preparing, cooking and serving of complete meals, and such
food service shall be available on request in other licensed places on the premises: Provided, further, That
an additional license fee of twenty-five percent of the
annual master license fee shall be required for such duplicate licenses.
(e) Where the license shall be issued to any corporation, association, or person operating dining places at
publicly owned civic centers with facilities for sports,
entertainment, and conventions, with more than one
place where liquor is to be dispensed and sold, such license shall be issued upon the payment of the annual
fee, which shall be a master license and shall permit
such sale within and from one such place. Such license
may be extended to additional places on the premises at
the ?iscretion of the board an~ ~ duplicate license may
be issued for each such add1t10nal place: Provided,
Miscellaneous Regulatory Provisions
That the holder of a master license for a dining place at
such a publicly owned civic center shall be required to
maintain in a substantial manner at least one place on
the premises for preparing, cooking and serving of
complete meals, and food service shall be av~ilable on
request in other licensed pl~ces o~ the premises: Provided further, That an additional hcense fee of ten dollars shall be required for such duplicate licenses.
(2) The board, so far as in its judgment is reasonably
possible, shall confine class H licenses to the. ~usiness
districts of cities and towns and other commumttes, and
not grant such licenses in residential districts, nor within the immediate vicinity of schools, without being limited in the administration of this subsection to any
specific distance requirements.
(3) The board shall have discretion to issue class H
licenses outside of cities and towns in the state of
Washington. The purpose of this subsection is to enable
the board, in its discretion, to license in areas outside of
cities and towns and other communities, establishments
which are operated and maintained primarily for the
benefit of tourists, vacationers and travelers, and also
golf and country clubs, and common carriers operating
dining. club and buffet cars, or boats.
(4) The total number of class H licenses issued in the
state of Washington by the board shall not in the aggregate at any time exceed one license for each fifteen
hundred of population in the state, determined according to the last available federal census.
(5) Notwithstanding the provisions of subsection (4)
of this section, the board shall refuse a class H license
to any applicant if in the opinion of the board the class
H licenses already granted for the particular locality are
adequate for the reasonable needs of the community.
[1975 I st ex.s. c 245 § I; 1971 ex.s. c 208 § 2; 1970 ex.s.
c 13 § 2. Prior: 1969 ex.s. c 178 § 6; 1969 ex.s. c 136 §
1; 1965 ex.s. c 143 § 3; 1949 c 5 § 3 (adding new section
23S-3 to 1933 ex.s. c 62); Rem. Supp. 1949 §
7306-23S-3.]
66.24.510 Nonprofit organization special occasion license-Class K--Fee. There shall be a spirituous
liquor retailer's license to be designated as class K; a
special license to a nonprofit organization to sell spirituous liquor as defined in RCW 66.24.410 by the glass,
including mixed drinks and cocktails compounded or
mixed on the premises only, to their members and invited guests at special occasions at a specified date and
place when said special occasion is not open to the
general public; fee twenty-five dollars per day. Sale,
service, and consumption of spirituous liquor is to be
confined to specified premises or designated areas only.
Spirituous liquor so sold shall be purchased at a state
liquor store or agency without discount at retail prices
including all taxes. No more than two such licenses
may be issued to any one nonprofit organization during
a calendar year. [1975 1st ex.s. c 173 § 12.]
Severability--Effective date--1975 1st ex.s. c 173: See notes
following RCW 66.08.050.
66.28.025
Chapter 66.28
MISCELLANEOUS REGULATORY PROVISIONS
Sections
66.28.010
66.28.025
66.28.030
66.28.040
66.28.045
Manufacturers, importers and wholesalers barred from
interest in retail business or location-Advances
prohibited-"Financial interest" defined.
Persons interested in business property or location, etc.,
of wine wholesaler-Advances-Exception.
Responsibility of brewers, vintners, manufacturers holding certificate approval and importers for conduct of
wholesaler-Penalties.
Giving away of liquor prohibited--Exceptions.
Furnishing samples to board--Standards for accountability--Regulations.
66.28.010 Manufacturers, importers and wholesalers
barred from interest in retail business or location-Advances prohibited--"Financial interest" defined. No
manufacturer, importer, or wholesaler, or person financially interested, directly or indirectly, in such business,
whether resident or nonresident, shall have any financial interest, direct or indirect, in any licensed retail
business, nor shall any manufacturer or wholesaler own
any of the property upon which such licensed persons
conduct their business, nor shall any such licensed person, under any arrangement whatsoever, conduct his
business upon property in which any manufacturer or
wholesaler has any interest, nor shall any manufacturer
or wholesaler advance moneys or moneys' worth to any
such licensed person under any arrangement whatsoever, nor shall any such licensed person receive, under
any arrangement whatsoever, any such advance of
moneys or moneys' worth. No manufacturer, importer,
or wholesaler shall be eligible to receive or hold a retail
license under this title, nor shall such manufacturer or
wholesaler sell at retail any liquor as herein defined:
Provided, That nothing in this section shall prohibit a
licensed brewer or domestic winery from being licensed
as a retailer pursuant to chapter 66.24 RCW for the
purpose of selling beer or wine of its own production at
retail on the brewery or winery premises. Such beer and
wine so sold at retail shall be subject to the taxes imposed by RCW 66.24.290 and 66.24.210 and to reporting and bonding requirements as prescribed by
regulations adopted by the board pursuant to chapter
34.04 RCW.
Financial interest, direct or indirect, as used in this
section, shall include any interest, whether by stock
ownership, mortgage, lien, or through interlocking directors, or otherwise. [1975 1st ex.s. c 173 § 6; 1937 c
217 § 6; 1935 c 174 § 14; 1933 ex.s. c 62 § 90; RRS §
7306-90. Prior: 1909 c 84 § I.]
Severability--Effective date--1975 1st ex.s. c 173: See notes
following RCW 66.08.050.
66.28.025 Persons interested in business property or
location, etc., of wine wholesaler--Advances-Exception. No manufacturer of wine, or person financially interested, directly, in such business, whether resident or nonresident, shall have any financial interest,
direct or indirect, in the business of any licensed wine
wholesaler, nor shall any manufacturer of wine own any
of the property upon which such licensed persons conduct their business, nor shall any such licensed person
(1975 RCW Supp--p 5591
66.28.025
Title 66:
Alcoholic Beverage Control
under any arrangement whatsoever. conduct his business upon property in which any manufacturer of wine
has any interest, nor shall any manufacturer of wine
advance money or moneys' worth other than such
credit allowances customarily extended in the ordinary
course of such business between wholesalers and manufacturers on purchases of inventories to any such licensed person under any arrangement whatsoever, nor
shall any such licensed person receive, under any arrangement whatsoever, any such advance of money or
moneys' worth other than such credit allowances: Provided, That the provisions of this section shall not require the divesting of any such financial interest or
arrangement which was held by any licensed liquor importer, beer importer, beer wholesaler, wine wholesaler,
domestic winery or domestic brewery as of July 1, 1969:
Provided further, That in the event of the sale of such
business licensed as a liquor importer, beer importer,
beer wholesaler, wine wholesaler, domestic winery or
domestic brewery the exclusion of the foregoing proviso
shall not apply. [1975 1st ex.s. c 173 § 7; 1969 ex.s. c
275 § 3; 1969 ex.s. c 21 § 14.]
Severability--Effective date--1975 1st ex.s. c 173: See notes
following RCW 66.08.050.
66.28.030 Responsibility of brewers, vintners, manufacturers holding certificate approval and importers for
conduct of wholesaler--Penalties. Every licensed
brewer, domestic winery, manufacturer holding a certificate of approval, licensed wine importer and licensed
beer importer shall be responsible for the conduct of
any licensed beer or wine wholesaler in selling, or contracting to sell, to retail licensees, beer or wine manufactured by such brewer, domestic winery,
manufacturer holding a certificate of approval or imported by such beer or wine importer. Where the board
finds that any licensed beer or wine wholesaler has violated any of the provisions of this title or of the regulations of the board in selling or contracting to sell beer
or wine to retail licensees, the board may, in addition to
any punishment inflicted or imposed upon such wholesaler, prohibit the sale of the brand or brands of beer or
wine involved in such violation to any or all retail licensees within the trade territory usually served by such
wholesaler for such period of time as the board may fix,
irrespective of whether the brewer manufacturing such
beer or the beer importer importing such beer or the
domestic winery manufacturing such wine or the wine
importer importing such wine or the certificate of approval holder manufacturing such beer or wine actually
participated in such violation. [1975 1st ex.s. c 173 § 8;
1969 ex.s. c 21 § 6; 1939 c 172 § 8 (adding new section
27-D to 1933 ex.s. c 62); RRS § 7306-270.]
Severability--Effective date--1975 1st ex.s. c 173: See notes
following RCW 66.08.050.
Effective date--1969 ex.s. c 21: The effective date of the 1969
amendment to this section is July 1, 1969, see note following RCW
66.04.010.
66.28.040 Giving away of liquor prohibited-Exceptions. No brewer, wholesaler, distiller, winery, importer, rectifier, or other manufacturer of liquor shall,
(1975 RCW Supp--p 560)
within the state, by himself. his clerk, servant. or agent,
give to any person any liquor; but nothing in this section shall prevent the furnishing of samples of liquor t?
the board for the purpose of negotiating the sale of liquor to the state liquor control board, and nothing in
this section shall prevent a brewer from serving beer
without charge, on the brewery premises, and nothing
in this section shall prevent a domestic winery from
serving wine without charge, on the winery premises.
[1975 1st ex.s. c 173 § 10; 1969 ex.s. c 21 § 7; 1935 c 174
§ 4; 1933 ex.s. c 62 § 30; RRS § 7306-30.]
Severability--Effective date--1975 tst ex.s. c 173: See notes
following RCW 66.08.050.
Effective date--1969 ex.s. c 21: The effective date of the 1969
amendment to this section is July 1, 1969, see note following RCW
66.04.010.
66.28.045 Furnishing samples to board--Standards
for accountability--Regulations. The legislature finds
the furnishing of samples of liquor to the state liquor
control board is an integral and essential part of the
operation of the state liquor business. The legislature
further finds that it is necessary to establish adequate
standards for the accountability of the receipt, use and
disposition of liquor samples. The board shall adopt
appropriate regulations pursuant to chapter 34.04 RCW
for the purpose of carrying out the provisions of this
section. [1975 1st ex.s. c 173 § 9.]
Severability--Effective date--1975 1st ex.s. c 173: See notes
following RCW 66.08.050.
Chapter 66.44
ENFORCEMENT-PENALTIES
Sections
66.44.190
66.44.191
66.44.350
Sales on university grounds prohibited.
Repealed.
Employees eighteen years and over allowed to serve and
carry liquor, clean up, etc., for class A, C, D and/or
H licensed employers.
66.44.190 Sales on university grounds prohibited. It
shall be unlawful to sell any intoxicating liquors, with
or without a license on the grounds of the University of
Washington, otherwise known and described as follows:
Fract~onal section 16, township 25 north, range 4 east
of Willamette Meridian except to the extent allowed
under banquet permits issued pursuant to RCW 66.24.490. [1975 1st ex.s. c 68 § 1; 1967 c 21 § l; 1951c120 §
l; 1933 ex.s. c 49 § l; 1895 c 75 § l; RRS § 5100.]
. Applicati~n of Title 66 RCW to deleted territory: "All of the provis10ns of Title 66 RCW and the rules and regulations promulgated
thereunder shall fully apply to the territory deleted from RCW 66.44.190 by section 1 of this 1967 amendatory act." [1967 c 21 § 2.]
66.44.191 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
66.44.350 Employees eighteen years and over allowed
to serve and carry liquor, clean up, etc., for class A, c, D
and/or H licensed employers. Notwithstanding provisions of RCW 66.44.310, employees of class A, C, D
and/or H licensees eighteen years of age and over may
take orders for, serve and sell liquor in any part of the
Public Stadium And Convention Facilities
licensed premises except cocktail lounges, bars, or other
areas classified by the Washington state liquor control
board as off-limits to persons under twenty-one years
of age: Provided, That such employees may enter such
restricted areas for the following purposes: To pick up
liquor for service in other parts of the licensed premises,
to perform clean up work, to set up and arrange tables,
and to deliver supplies: Provided filfther, That such
employees shall remain in the areas off-limits to minors
no longer than is necessary to carry out their aforementioned duties: Provided further, That such employees shall not be permitted to perform activities or
functions of a bartender. [ 1975 1st ex.s. c 204 § I.]
Title 67
ATHLETICS, SPORTS AND
ENTERTAINMENT
Chapters
67.08 Boxing and wrestling.
67 .28 Public stadium and convention facilities.
Chapter 67.08
BOXING AND WRESTLING
Sections
67.08.015
Duties of commission-Licensing-Exemption as to
scholastic organizations-Examination of contestants-Weight classifications-Compliance
required.
67.08.015 Duties of commission--Licensing-Exemption as to scholastic organizations--Examination of contestants--Weight classifications--Compliance required. The commission shall have power and
it shall be its duty to direct, supervise, and control all
boxing contests or sparring and wrestling matches or
exhibitions conducted within the state and no such
boxing contest, sparring or wrestling match or exhibition shall be held or given within this state except in
accordance with the provisions of this chapter. The
commission may, in its discretion, issue and for cause
revoke a license to conduct, hold or give boxing, sparring and/or wrestling contests, matches, and exhibitions
where an admission fee is charged by any club, corporation, organization, association, or fraternal society:
Provided, however, That all boxing contests, sparring or
wrestling matches or exhibitions which:
(I) Are conducted by any common school, college, or
university, whether public or private, or by the official
student association thereof, whether on or off the
school, college, or university grounds, where all the
participating contestants are bona fide students enrolled
in any common school, college, or university, within or
without this state; or
(2) Are entirely amateur events promoted on a nonprofit basis or for charitable purposes and where the
gross admissions receipts are five hundred dollars or
less;
shall not be subject to the provisions of this chapter:
Provided, further, That every contestant in any boxing
67.28.180
contest, sparring or wrestling match not conducted under the provisions of this chapter, prior to engaging in
any such contest or match, shall be examined by a
practicing physician at least once in each calendar year
or, where such contest is conducted by a common
school, college or university as further described in this
section, once in each academic year in which instance
such physician shall also designate the maximum and
minimum weights at which such contestant shall be
medically certified to participate: Provided further,
That no contestant shall be permitted to participate in
any such boxing contest, sparring or wrestling match or
exhibition in any weight classification other than that or
those for which he is certificated: Provided further,
That the organizations exempted by this section from
the provisions of this chapter shall be governed by
RCW 67.08.080 as said section applies to boxing contests, sparring or wrestling matches or exhibitions conducted by organizations exempted by this section from
the general provisions of this chapter. No boxing contest or sparring or wrestling match or exhibition shall be
conducted within the state except pursuant to a license
issued in accordance with the provisions of this chapter
and the rules and regulations of the commission except
as hereinabove provided. [ 1975 c I § 1; 1973 c 53 § 1;
1951 c 48 § 2.]
Chapter 67 .28
PUBLIC STADIUM AND CONVENTION
FACILITIES
Sections
67.28.180
67.28.185
67.28.912
Special excise tax authorized--Hotel, motel, rooming
house, trailer camp, etc., charges--Conditions imposed upon levies.
Prior resolutions or ordinances in conflict with RCW
67.28.180(2) declared invalid.
Severability-1975 !st ex.s. c 225.
67 .28.180 Special excise tax authorized--Hotel,
motel, rooming house, trailer camp, etc., charges-Conditions imposed upon levies. (1) Subject to the conditions set forth in subsection (2) of this section, the
legislative body of any county or any city, is authorized
to levy and collect a special excise tax of not to exceed
two percent on the sale of or charge made for the furnishing of lodging by a hotel, rooming house, tourist
court, motel, trailer camp, and the granting of any similar license to use real property, as distinguished from
the renting or leasing of real property: Provided, That it
shall be presumed that the occupancy of real property
for a continuous period of one month or more constitutes a rental or lease of real property and not a mere
license to use or to enjoy the same.
(2) Any levy authorized by this section shall be subject to the following:
(a) Any county ordinance or resolution adopted pursuant to this chapter shall contain, in addition to all
other provisions required to conform to this chapter, a
provision allowing a credit against the county tax for
the full amount of any city tax imposed pursuant to this
chapter upon the same taxable event;
f1975 RCW Supp---p 5611
67.28.180
Title 67:
Athletics, Sports and Entertainment
(b) In the event that any county has levied the tax
authorized by this section and has, prior to June 26.
1975. either pledged the tax revenues for payment of
principal and interest on city revenue or general obligation bonds authorized and issued pursuant to RCW 67.28.150 through 67.28.160 or has authorized and issued
revenue or general obligation bonds pursuant to the
provisions of RCW 67.28.150 through 67.28.160, such
county shall be exempt from the provisions of subsection (a), so long as, and to the extent that the tax revenues are pledged for payment of principal and interest
on bonds issued pursuant to the provisions of RCW
67.28.150 through 67.28.160. No city within such county
may levy the tax authorized by this section so long as
said county is so exempt: Provided, That in the event
that any city in such county has levied the tax authorized by this section and has, prior to June 26, 1975, authorized and issued revenue or general obligation bonds
pursuant to the provisions of RCW 67.28.150 through
67.28.160, such city may levy the tax so long as and to
the extent that the tax revenues are pledged for payment of principal and interest on bonds issued pursuant
to the provisions of RCW 67.28.150 through 67.28.160.
[1975 1st ex.s. c 225 § I; 1973 2nd ex.s. c 34 § 5; 1970
ex.s. c 89 § I; 1967 c 236 § 11.]
67.28.185 Prior resolutions or ordinances in conflict
with RCW 67.28.180(2) declared invalid. Any resolution
or ordinance, enacted prior to June 26, 1975, shall be
deemed to be invalid from and after June 26, 1975 to
the extent said resolution or ordinance is in conflict
with subsection (2) of RCW 67.28.180, as now or hereafter amended. [ 1975 I st ex.s. c 225 § 2.]
67.28.912 Severability--1975 1st ex.s. c 225. 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 225 § 3.]
Title 68
CEMETERIES, MORGUES AND HUMAN
REMAINS
Chapters
68.08 Human remains.
68.46 Prearrangement contracts.
Chapter 68.08
HUMAN REMAINS
Sections
68.08.530
UNIFORM ANATOMICAL GIFT ACT
Gift by will, card, document, or driver's licenseProcedures.
(1975 RCW Supp--p 562)
UNIFORM ANATOMICAL GIFT ACT
68.08.530 Gift by will, card, document, or driver's license-Procedures. (I) A gift of all or part of the
body under RCW 68.08.510(1 ). may be made by will.
The gift becomes effective upon the death of the testator without waiting for probate. If the will is not probated, or if it is declared invalid for testamentary
purposes, the gift, to the extent that it has been acted
upon in good faith, is nevertheless valid and effective.
(2) A gift of all or part of the body under RCW
68.08.510(1), may also be made by document other than
a will. The gift becomes effective upon the death of the
donor. The document, which may be a card designed to
be carried on the person, must be signed by the donor
in the presence of two witnesses who must sign the
document in his presence. If the donor cannot sign, the
document may be signed for him at his direction and in
his presence in the presence of two witnesses who must
sign the document in his presence. Delivery of the document of gift during the donor's lifetime is not necessary to make the gift valid.
(3) A gift of all or part of the body under RCW
68.08.510(1) may also be made by a statement provided
for on Washington state driver's licenses. The gift becomes effective upon the death of the licensee. The
statement must be signed by the licensee in the presence of two witnesses, who must sign the statement in
the presence of the donor. Delivery of the license during the donor's lifetime is not necessary to make the gift
valid. The gift shall become invalidated upon expiration, cancellation, revocation, or suspension of the license, and the gift must be renewed upon renewal of
each license: Provided, That the statement of gift herein
provided for shall contain a provision, including a clear
instruction to the donor, providing for a means by
which the donor may at his will revoke such gift: Provided further, That nothing in this chapter shall be
construed to invalidate a donor card located elsewhere.
(4) The gift may be made to a specified donee or
without specifying a donee. If the latter, the gift may be
accepted by the attending physician as donee upon or
following death. If the gift is made to a specified donee
who is not available at the time and place of death, the
attending physician upon or following death, in the absence of any expressed indication that the donor desired
otherwise, may accept the gift as donee. The physician
who becomes a donee under this subsection shall not
participate in the procedures for removing or transplanting a part.
(5) Notwithstanding RCW 68.08.560(2), the donor
may designate in his will, card, or other document of
gift the surgeon or physician to carry out the appropriate _proce?ures. In the absence of a designation or if the
des1~nee is not available, the donee or other person authonzed to accept the gift may employ or authorize any
surgeon or physician for the purpose.
(6) Any gift by a person designated in RCW
6~.08.510(2), shall_ be made ~y a document signed by
him or made by his telegraphic, recorded telephonic, or
other recorded message. [1975 c 54 § 2; 1969 c 80 § 5.]
Driver's licenses, anatomical gift statements: RCW 46.20. / /3.
Food, Drug, And Cosmetic Act
Chapter 68.46
PREARRANGEMENT CONTRACTS
Sections
68.46.010
Definitions.
68.46.010 Definitions. Unless the context clearly indicates otherwise, the words used in this chapter have
the meaning given in this section:
"Prearrangement contract" means a contract for purchase of cemetery merchandise or services, to be furnished at a future date for a specific consideration
which is paid in advance by one or more payments in
one sum or by installment payments.
"Cemetery merchandise or services" shall mean and
include monuments, markers, memorials, nameplates,
liners, vaults, boxes, urns, vases, interment services, or
any one or more of them.
"Prearrangement trust fund" means all funds required to be maintained in one or more funds for the
benefit of beneficiaries by either this chapter or by the
terms of a prearrangement contract, as herein defined.
"Depository" means a qualified public depository as
defined by RCW 39.58.010, a credit union as governed
by chapter 31.12 RCW, a mutual savings bank as governed by Title 32 RCW, a savings and loan association
as governed by Title 33 RCW, and a federal credit union or a federal savings and loan association organized,
operated, and governed by any act of congress, in
which prearrangement funds are deposited by any cemetery authority. [1975 1st ex.s. c 55 § I; 1973 1st ex.s. c
68 § I.]
Title 69
FOOD, DRUGS, COSMETICS, AND
POISONS
Chapters
69.04 Food, drug, and cosmetic act.
69.24 Eggs and egg products.
69.25 Washington wholesome eggs and egg products
act.
69.28 Honey.
69.33 Uniform narcotic drug act.
Chapter 69.04
FOOD, DRUG, AND COSMETIC ACT
Sections
69.04.110
69.04.392
69.04.394
69.04.396
69.04.398
69.04.930
Embargo of articles.
Regulations permitting tolerance of harmful matterPesticide chemicals in or on raw agricultural
commodities.
Regulations permitting tolerance of harmful matterFood additives.
Regulations permitting tolerance of harmful matterColor additives.
Purpose of RCW 69.04.110, 69.04.392, 69.04.394, 69.04.396-Uniformity with federal laws and regulations.
Frozen fish and meat-Labeling requirementsExceptions.
69.04.392
69.04.110 Embargo of articles. Whenever the director shall find, or shall have probable cause to believe,
that an article subject to this chapter is in intrastate
commerce in violation of this chapter, and that its embargo under this section is required to protect the consuming or purchasing public from injury, or possible
injury, he is hereby authorized to affix to such article a
notice of its embargo and against its sale in intrastate
commerce, without permission given under this chapter.
But if, after such article has been so embargoed, the director shall find that such article does not involve a violation of this chapter, such embargo shall be forthwith
removed. [ 1975 I st ex.s. c 7 § 25; 1945 c 257 § 29; Rem.
Supp. 1945 § 6163-78.]
Purpose of section: See RCW 69.04.398.
69.04.392 Regulations permitting tolerance of harmful matter--Pesticide chemicals in or on raw agricultural commodities. (I) Any poisonous or deleterious
pesticide chemical, or any pesticide chemical which
generally is recognized among experts qualified by scientific training and experience to evaluate the safety of
pesticide chemicals as unsafe for use, added to a raw
agricultural commodity, shall be deemed unsafe for the
purpose of the application of clause (2) of RCW 69.04.210 unless:
(a) A tolerance for such pesticide chemical in or on
the raw agricultural commodity has been prescribed
pursuant to subsection (2) hereof and the quantity of
such pesticide chemical in or on the raw agricultural
commodity is within the limits of the tolerance so prescribed; or
(b) With respect to use in or on such raw agricultural
commodity, the pesticide chemical has been exempted
from the requirement of a tolerance pursuant to subsection (2) hereof.
While a tolerance or exemption from tolerance is in
effect for a pesticide chemical with respect to any raw
agricultural commodity, such raw agricultural commodity shall not, by reason of bearing or containing any
added amount of such pesticide chemical, be considered to be adulterated within the meaning of clause (I)
of RCW 69.04.210.
(2) The regulations promulgated under section 408 of
the Federal Food, Drug and Cosmetic Act, as of July I,
1975, setting forth the tolerances for pesticide chemicals
in or on any raw agricultural commodity, are hereby
adopted as the regulations for tolerances applicable to
this chapter: Provided, That the director is hereby authorized to adopt by regulation any new or future
amendments to such federal regulations for tolerances,
including exemption from tolerance and zero tolerances, to the extent necessary to protect the public health.
The director is also authorized to issue regulations in
the absence of federal regulations anc~ to prescribe
therein tolerances for pesticides, exemptions, and zero
tolerances, upon his own motion or upon the petition of
any interested party requesting that such a regulation
be established. It shall be incumbent upon such petitioner to establish, by data submitted to the director,
that a necessity exists for such regulation and that the
effect of such regulation will not be detrimental to the
11975 RCW Supp--p 563)
69.04.392
Title 69:
Food, Drugs, Cosmetics, and Poisons
public health. If the data furnished by the petitioner is
not sufficient to allow the director to determine whether
such a regulation should be promulgated, the director
may require additional data to be submitted and failure
to comply with this request shall be sufficient grounds
to deny the request of the petitioner for the issuance of
such regulation.
(3) In adopting any new or amended tolerances by
regulation issued pursuant to this section, the director
shall give appropriate consideration, among other relevant factors, to the following: (a) The purpose of this
chapter being to promote uniformity of state legislation
with the federal act; (b) the necessity for the production
of an adequate, wholesome, and economical food supply; (c) the other ways in which the consumer may be
affected by the same pesticide chemical or by other related substances that are poisonous or deleterious; and
(d) the opinion of experts qualified by scientific training
and experience to determine the proper tolerance to be
allowed for any pesticide chemical. [1975 1st ex.s. c 7 §
26; 1963 c 198 § 3.]
Purpose of section: See RCW 69.04.398.
69.04.394 Regulations permitting tolerance of harmful matter--Food additives. (I) A food additive shall,
with respect to any particular use or intended use of
such additives, be deemed unsafe for the purpose of the
application of clause (2)(c) of RCW 69.04.210, unless:
(a) It and its use or intended use conform to the
terms of an exemption granted, pursuant to a regulation
under subsection (2) hereof providing for the exemption
from the requirements of this section for any food additive, and any food bearing or containing such additive, intended solely for investigational use by qualified
experts when in the director's opinion such exemption is
consistent with the public health; or
(b) There is in effect, and it and its use or intended
use are in conformity with a regulation issued or effective under subsection (2) hereof prescribing the conditions under which such additive may be safely used.
While such a regulation relating to a food additive is
in effect, a food shall not, by reason of bearing or containing such an additive in accordance with the regulation, be considered adulterated within the meaning of
clause (I) of RCW 69.04.210.
(2) The regulations promulgated under section 409 of
the Federal Food, Drug and Cosmetic Act, as of July I,
1975, prescribing the conditions under which such food
additive may be safely used, are hereby adopted as the
regulations applicable to this chapter: Provided, That
the director is hereby authorized to adopt by regulation
any new or future amendments to the federal regulations. The director is also authorized to issue regulations in the absence of federal regulations and to
prescribe the conditions under which a food additive
may be safely used and exemptions where such food
additive is to be used solely for investigational purposes; either upon his own motion or upon the petition
of any interested party requesting that such a regulation
be established. It shall be incumbent upon such petitioner to establish, by data submitted to the director,
that a necessity exists for such regulation and that the
(1975 RCW Supp---p 564)
effect of such a regulation will not be detrimental to the
public health. If the data furnished by the petitioner is
not sufficient to allow the director to determine whether
such a regulation should be promulgated, the director
may require additional data to be submitted and failure
to comply with this request shall be sufficient grounds
to deny the request of the petitioner for the issuance of
such a regulation.
(3) In adopting any new or amended regulations pursuant to this section, the director shall give appropriate
consideration, among other relevant factors, to the following: (a) The purpose of this chapter being, to promote uniformity of state legislation with the federal act;
(b) the probable consumption of the additive and of
any substance formed in or on food because of the use
of the additive; (c) the cumulative effect of such additive in the diet of man or animals, taking into account
any chemically or pharmacologically related substance
or substances in such diet; and (d) safety factors which
in the opinion of experts qualified by scientific training
and experience to evaluate the safety of food additives
are generally recognized as appropriate for the use of
animal experimentation data. [1975 1st ex.s. c 7 § 27;
1963 c 198 § 4.]
Purpose of section: See RCW 69.04.398.
69.04.396 Regulations permitting tolerance of harmful matter--Color additives. (I) A color additive shall,
with respect to any particular use (for which it is being
used or intended to be used or is represented as suitable) in or on food, be deemed unsafe for the purpose
of the application of RCW 69.04.231, unless:
(a) There is in effect, and such color additive and
such use are in conformity with, a regulation issued under this section listing such additive for such use, including any provision of such regulation prescribing the
conditions under which such additive may be safely
used;
(b) Such additive and such use thereof conform to the
terms of an exemption for experimental use which is in
effect pursuant to regulation under this section.
While there are in effect regulations under this section relating to a color additive or an exemption with
respect to such additive a food shall not, by reason of
bearing or containing such additive in all respects in
accordance with such regulations or such exemption, be
considered adulterated within the meaning of clause (I)
of RCW 69.04.210.
(2) The regulations promulgated under section 706 of
the Federal Food, Drug and Cosmetic Act, as of July 1,
1975, prescribing the use or limited use of such color
additive, are hereby adopted as the regulations applicable to this chapter: Provided, That the director is hereby authorized to adopt by regulation any new or future
amendments to the federal regulations. The director is
also authorized to issue regulations in the absence of
federal regulations and to prescribe therein the conditions under which a color additive may be safely used
including exemptions for experimental purposes. Such a
regulation may be issued either upon the director's own
motion or upon the petition of any interested party requesting that such a regulation be established. It shall
Washington Wholesome Eggs And Egg Products Act
be incumbent upon such petitioner to establish, by data
submitted to the director, that a necessity exists for
such regulation and that the effect of such a regulation
will not be detrimental to the public health. If the data
furnished by the petitioner is not sufficient to allow the
director to determine whether such a regulation should
be promulgated, the director may require additional
data to be submitted and failure to comply with this
request shall be sufficient grounds to deny the request
of the petitioner for the issuance of such a regulation.
(3) In adopting any new or amended regulations pursuant to this section, the director shall give appropriate
consideration, among other relevant factors, to the following: (a) The purpose of this chapter being to promote uniformity of state legislation with the federal act;
(b) the probable consumption of, or other relevant exposure from, the additive and of any substance formed
in or on food because of the use of the additive; (c) the
cumulative effect, if any, of such additive in the diet of
man or animals, taking into account the same or any
chemically or pharmacologically related substance or
substances in such diet; (d) safety factors which, in the
opinion of experts qualified by scientific training and
experience to evaluate the safety of color additives for
the use or uses for which the additive is proposed to be
listed, are generally recognized as appropriate for the
use of animal experimentation data; (e) the availability
of any needed practicable methods of analysis for determining the identity and quantity of (i) the pure dye
and all intermediates and other impurities contained in
such color additives, (ii) such additive in or on any article of food, and (iii) any substance formed in or on
such article because of the use of such additive; and (f)
the conformity by the manufacturer with the established standards in the industry relating to the proper
formation of such color additive so as to result in a finished product safe for use as a color additive. [ 1975 I st
ex.s. c 7 § 28; 1963 c 198 § 6.]
Purpose of section: See RCW 69.04.398.
Food-Adulteration by color additive: RCW 69.04.231.
69.04.398 Purpose of RCW 69.04.110, 69.04.392, 69.04.394, 69.04.396---Uniformity with federal laws and
regulations. The purpose of RCW 69.04.110, 69.04.392,
69.04.394, and 69.04.396 is to promote uniformity of
state legislation and regulations with the Federal Food,
Drug and Cosmetic Act 21 USC 301 et seq. and regulations adopted thereunder. In accord with such declared
purpose any regulation adopted under said federal
food, drug and cosmetic act concerning food in effect
on July I, 1975, and not adopted under any other specific provision of RCW 69.04.110, 69.04.392, 69.04.394,
and 69.04.396 are hereby deemed to have been adopted
under the provision hereof. Further, to promote such
uniformity any regulation adopted hereafter under the
provisions of the federal food, drug and cosmetic act
concerning food and published in the federal register
shall be deemed to have been adopted under the provisions of RCW 69.04.110, 69.04.392, 69.04.394, and 69.04.396 in accord with chapter 34.04 RCW as enacted
or hereafter amended. The director may, however,
within thirty days of the publication of the adoption of
Chapter 69.25
any such regulation under the federal food, drug and
cosmetic act give public notice that a hearing will be
held to determine if such regulation shall not be applicable under the provisions of RCW 69.04.110, 69.04.392, 69.04.394, and 69.04.396. Such hearing shall be in
accord with the requirements of chapter 34.04 RCW as
enacted or hereafter amended. [1975 1st ex.s. c 7 § 36.]
69.04.930 Frozen fish and meat--Labeling requirements--Exceptions. It shall be unlawful for any person to sell at retail or display for sale at retail any food
fish or shellfish as defined in RCW 75.04.040 as now or
hereafter amended, any meat capable of use as human
food as defined in RCW 16.49A.150 as now or hereafter
amended, or any meat food product as defined in RCW
16.49A.130 as now or hereafter amended which has
been frozen subsequent to being offered for sale or distribution to the ultimate consumer, without having the
package or container in which the same is sold bear a
label clearly discernible to a customer that such product
has been frozen and whether or not the same has since
been thawed. No such food fish or shellfish, meat or
meat food product shall be sold unless in such a package or container bearing said label: Provided, That this
section shall not include any of the aforementioned
food or food products that have been frozen prior to
being smoked, cured, cooked or subjected to the heat of
commercial sterilization. [1975 c 39 § I.]
Chapter 69.24
EGGS AND EGG PRODUCTS
Sections
69.24.130
69.24.450
69.24.900
69.24.910
through 69 .24.430 Repealed.
Repealed.
Repealed.
Repealed.
69.24.130 through 69.24.430 Repealed. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
69.24.450 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
69.24.900 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
69.24.910 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
Chapter 69.25
WASHINGTON WHOLESOME EGGS AND EGG
PRODUCTS ACT
Sections
69.25.010
69.25.020
69.25.030
69.25.040
69.25.050
Legislative finding.
Definitions.
Purpose-Certain federal rules adopted by reference-Hearing, notice by director-Adoption of
rules by director.
Application of administrative procedure act.
Egg handler's or dealer's license and number-Application, fee, posting required, procedure.
[1975 RCW Supp--p 5651
Chapter 69.25
69.25.060
69.25.070
69.25.080
69.25.090
69.25.100
69.25.110
69.25.120
69.25.130
69.25.140
69.25.150
69.25.160
69.25.170
69.25.180
69.25.190
69.25.200
69.25.210
69.25.220
69.25.230
69.25.240
69.25.250
69.25.260
69.25.270
69.25.280
69.25.290
69.25.300
69.25.310
69.25.320
69.25.330
69.25.340
69.25.900
69.25.910
69.25.920
69.25.930
Title 69:
Food, Drugs, Cosmetics, and Poisons
Egg handler's or dealer's license--Late renewal
fee--Exceptions.
Egg handler's or dealer's license--Denial, suspension,
revocation. or conditional issuance.
Continuous inspection at processing plants--Exemptions--Condemnation and destruction of adulterated eggs and egg products--Reprocessing-Appeal--Inspections of egg handlers.
Sanitary operation of official plants--lnspection refused if requirements not met.
Egg products--Pasteurization--Labeling requirements--False or misleading labels or containers-Director may order use of withheld--Hearing, determination, and appeal.
Prohibited acts and practices.
Director to cooperate with other agencies--May conduct examinations.
Eggs or egg products not intended for use as human
food--Identification or denaturing required.
Records required, access to and copying of.
Penalties--Liability of employer--Defense--Interference with person performing official duties.
Notice of violation--May take place of prosecution.
Exemptions permitted by rule of director.
Limiting entry of eggs and egg products into official
plants.
Embargo of eggs or egg products in violation of this
chapter--Time limit--Removal of official marks.
Embarg~Petition for court order affirming--Removal of embargo or destruction or correction and release--Court costs, fees, administrative
expenses--Bond may be required.
Embargo-Order affirming not required, when.
Embargo-Consolidation of petitions.
Embargo-Sampling of article.
Condemnation--Recovery of damages restricted.
Assessment--Rate, applicability, time of payment-Reports--Contents, frequency.
Assessment--Prepayment by purchase of egg
seals--Permit for printing seal on containers.
Assessment--Monthly payment--Audit--Failure
to pay, penalty.
Assessment--Use of proceeds.
Assessment--Exclusions.
Transfer of moneys in state egg account.
Containers--Marking required--Obliteration of previous markings required for reuse--Penalty.
Records required, additional--Sales to retailer or food
service--Exception--Defense to charged violation--Sale of eggs deteriorated due to storage time.
Exemption from chapter.
General penalty.
Savings.
Chapter is cumulative and nonexclusive.
Severability--1975 1st ex.s. c 201.
Short title.
69.25.010 Legislative finding. Eggs and egg products
are an important source of the state's total supply of
food, and are used in food in various forms. They are
consumed throughout the state and the major portion
thereof moves in intrastate commerce. It is essential, in
the public interest, that the health and welfare of consumers be protected by the adoption of measures prescribed herein for assuring that eggs and egg products
distributed to them and used in products consumed by
them are wholesome, otherwise not adulterated, and
properly labeled and packaged. Lack of effective regulation for the handling or disposition of unwholesome,
otherwise adulterated, or improperly labeled or packaged egg products and certain qualities of eggs is injurious to the public welfare and destroys markets for
wholesome, unadulterated. and properly labeled and
11975 RCW Supp----p 5661
packaged eggs and egg products and results in sundry
losses to producers and processors, as well as injury to
consumers. Unwholesome, otherwise adulterated. or
improperly labeled or packaged products can be sold at
lower prices and compete unfairly with the wholesome,
unadulterated, and properly labeled and packaged products, to the detriment of consumers and the public
generally. It is hereby found that all egg products and
the qualities of eggs which are regulated under this
chapter are either in intrastate commerce, or substantially affect such commerce, and that regulation by the
director, as contemplated by this chapter, is appropriate
to protect the health and welfare of consumers. [ 1975
1st ex.s. c 201 § 2.]
69.25.020 Definitions. When used in this chapter the
following terms shall have the indicated meanings, unless the context otherwise requires:
(1) "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 any natural person, firm, partnership, exchange, association, trustee, receiver, corporation, and any member, officer, or employee thereof, or
assignee for the benefit of creditors.
(4) "Adulterated" applies to any egg or egg product
under one or more of the following circumstances:
(a) If it bears or contains any poisonous or deleterious substance which may render it injurious to health;
but in case the substance is not an added substance,
such article shall not be considered adulterated under
this clause if the quantity of such substance in or on
such article does not ordinarily render it injurious to
health;
(b) If it bears or contains any added poisonous or
added deleterious substance (other than one which is:
(i) A pesticide chemical in or on a raw agricultural
commodity; (ii) a food additive; or (iii) a color additive)
which may, in the judgment of the director, make such
article unfit for human food;
(c) If it is, in whole or in part, a raw agricultural
commodity and such commodity bears or contains a
pesticide chemical which is unsafe within the meaning
of RCW 69.04.392, as enacted or hereafter amended;
(d) If it bears or contains any food additive which is
unsafe within the meaning of RCW 69.04.394, as enacted or hereafter amended;
(e) If it bears or contains any color additive which is
unsafe within the meaning of RCW 69.04.396, as enacted or hereafter amended: Provided, That an article
which is not otherwise deemed adulterated under subsection (4)(c), (d), or (e) of this section shall nevertheless be deemed adulterated if use of the pesticide
chemical, food additive, or color additive, in or on such
article, is prohibited by regulations of the director in
official plants;
_(f) If it consists in whole or in pa~t ?f any filthy, putnd, or decomposed substance, or If It IS otherwise unfit
for human food;
(g) If it has been prepared, packaged, or held under
insanitary conditions whereby it may have become
Washington Wholesome Eggs And Egg Products Act
contaminated with filth, or whereby it may have been
rendered injurious to health;
(h) If it is an egg which has been subjected to incubation or the product of any egg which has been subjected to incubation;
(i) If its container is composed, in whole or in part, of
any poisonous or deleterious substance which may
render the contents injurious to health;
Q) If it has been intentionally subjected to radiation,
unless the use of the radiation was in conformity with a
regulation or exemption in effect pursuant to RCW 69.04.394; or
(k) If any valuable constituent has been in whole or
in part omitted or abstracted therefrom; or if any substance has been substituted, wholly or in part therefor;
or if damage or inferiority has been concealed in any
manner; or if any substance has been added thereto or
mixed or packed therewith so as to increase its bulk or
weight, or reduce its quality or strength, or make it appear better or of greater value than it is.
(5) "Capable of use as human food" shall apply to
any egg or egg product unless it is denatured, or otherwise identified, as required by regulations prescribed by
the director, to deter its use as human food.
(6) "Intrastate commerce" means any eggs or egg
products in intrastate commerce, whether such eggs or
egg products are intended for sale, held for sale, offered
for sale, sold, stored, transported, or handled in this
state in any manner and prepared for eventual distribution in this state, whether at wholesale or retail.
(7) "Container" or "package" includes any box, can,
tin, plastic, or other receptacle, wrapper, or cover.
(8) "Immediate container" means any consumer
package, or any other container in which egg products,
not consumer-packaged, are packed.
(9) "Shipping container" means any container used in
packaging a product packed in an immediate container.
(10) "Egg handler" or "dealer" means any person
who produces, contracts for or obtains possession or
control of any eggs for the purpose of sale to another
dealer or retailer, or for processing and sale to a dealer,
retailer or consumer: Provided, That for the purpose of
this chapter, "sell" or "sale" includes the following:
Offer for sale, expose for sale, have in possession for
sale, exchange, barter, trade, or as an inducement for
the sale of another product.
(11) "Egg product" means any dried, frozen, or liquid
eggs, with or without added ingredients, excepting products which contain eggs only in a relatively small proportion, or historically have not been, in the judgment
of the director, considered by consumers as products of
the egg food industry, and which may be exempted by
the director under such conditions as he may prescribe
to assure that the egg ingredients are not adulterated
and such products are not represented as egg products.
(12) "Egg" means the shell egg of the domesticated
chicken, turkey, duck, goose, or guinea, or any other
specie of fowl.
(13) "Check" means an egg that has a broken shell or
crack in the shell but has its shell membranes intact and
contents not leaking.
69.25.020
(14) "Clean and sound shell egg" means any egg
whose shell is free of adhering dirt or foreign material
and is not cracked or broken.
(15) "Dirty egg" means an egg that has a shell that is
unbroken and has adhering dirt or foreign material.
(16) "Incubator reject" means an egg that has been
subjected to incubation and has been removed from incubation during the hatching operations as infertile or
otherwise unhatchable.
(17) "Inedible'' means eggs of the following descriptions: Black rots, yellow rots, white rots, mixed rots
(addled eggs), sour eggs, eggs with green whites, eggs
with stuck yolks, moldy eggs, musty eggs, eggs showing
blood rings, and eggs containing embryo chicks (at or
beyond the blood ring stage).
(18) "Leaker" means an egg that has a crack or break
in the shell and shell membranes to the extent that the
egg contents are exposed or are exuding or free to exude through the shell.
(19) "Loss'' means an egg that is unfit for human
food because it is smashed or broken so that its contents are leaking; or overheated, frozen, or contaminated; or an incubator reject; or because it contains a
bloody white, large meat spots, a large quantity of
blood, or other foreign material.
(20) "Restricted egg'' means any check, dirty egg, incubator reject, inedible, leaker, or loss.
(21) "Inspection" means the application of such inspection methods and techniques as are deemed necessary by the director to carry out the provisions of this
chapter.
(22) "Inspector" means any employee or official of
the department authorized to inspect eggs or egg products under the authority of this chapter.
(23) "Misbranded" shall apply to egg products which
are not labeled and packaged in accordance with the
requirements prescribed by regulations of the director
under RCW 69.25.100.
(24) "Official certificate" means any certificate prescribed by regulations of the director for issuance by an
inspector or other person performing official functions
under this chapter.
(25) "Official device" means any device prescribed or
authorized by the director for use in applying any official mark.
(26) "Official inspection legend" means any symbol
prescribed by regulations of the director showing that
egg products were inspected in accordance with this
chapter.
(27) "Official mark" means the official inspection legend or any other symbol prescribed by regulations of
the director to identify the status of any article under
this chapter.
(28) "Official plant" means any plant which is licensed under the provisions of this chapter, at which
inspection of the processing of egg products is maintained by the United States department of agriculture
or by the state under cooperative agreements with the
United States department of agriculture or by the state.
(29) "Official standards" means the standards of
quality, grades, and weight classes for eggs, adopted
under the provisions of this chapter.
(1975 RCW Supp--p 5671
69.25.020
Title 69:
Food, Drugs, Cosmetics, and Poisons
(30) "Pasteurize" means the subjecting of each particle of egg products to heat or other treatments to destroy harmful, viable micro-organisms by such
processes as may be prescribed by regulations of the
director.
(31) "Pesticide chemical", "food additive", "color additive", and "raw agricultural commodity" shall have
the same meaning for purposes of this chapter as prescribed in chapter 69.04 RCW.
(32) "Plant" means any place of business where egg
products are processed.
(33) "Processing" means manufacturing egg products,
including breaking eggs or filtering, mixing, blending,
pasteurizing, stabilizing, cooling, freezing, drying, or
packaging egg products.
(34) "Retailer" means any person in intrastate commerce who sells eggs to a consumer.
(35) "At retail" means any transaction in intrastate
commerce between a retailer and a consumer.
(36) "Consumer" means any person who purchases
eggs for his or her own family use or consumption; or
any restaurant, hotel, boarding house, bakery, or other
institution or concern which purchases eggs for serving
to guests or patrons thereof, or for its own use in cooking or baking.
(37) "Candling" means the examination of the interior of eggs by the use of transmitted light used in a partially dark room or place. [1975 lst ex.s. c 201 § 3.]
69.25.030
Purpose-Certain federal rules adopted
by reference-Hearing, notice by director--Adoption of rules by director. The purpose of this chapter is
to promote uniformity of state legislation and regulations with the federal egg products inspection act, 21
U.S.C. sec. 1031, et seq., and regulations adopted thereunder. In accord with such declared purpose, any regulations adopted under the federal egg products
inspection act relating to eggs and egg products, as defined in RCW 69.25.020 (l l) and (12), in effect on July
l, 1975, are hereby deemed to have been adopted under
the provisions hereof. Further, to promote such uniformity, any regulations adopted hereafter under the provisions of the federal egg products inspection act
relating to eggs and egg products, as defined in RCW
69.25.020 (l l) and (12), and published in the federal
register, shall be deemed to have been adopted under
the provisions of this chapter in accord with chapter
34.04 RCW, as now or hereafter amended. The director
may, however, within thirty days of the publication of
the adoption of any such regulation under the federal
egg products inspection act, give public notice that a
hearing will be held to determine if such regulations
shall not be applicable under the provisions of this
chapter. Such hearing shall be in accord with the requirements of chapter 34.04 RCW, as now or hereafter
amended.
The director, in addition to the foregoing, may adopt
any rule and regulation necessary to carry out the purpose and provisions of this chapter. [1975 lst ex.s. c 201
§ 4.]
[1975 RCW Supp---p
5681
69.25.040 Application of administrative procedure
act. The adoption, amendment, modification, or revocation of any rules or regulations under the provisions of
this chapter, or the holding of a hearing in regard to a
license issued or which may be issued or denied under
the provisions of this chapter, shall be subject to the
applicable provisions of chapter 34.04 RCW, the administrative procedure act, as now or hereafter amended. [1975 1st ex.s. c 201 § 5.]
69.25.050 Egg handler's or dealer's license and number--Application, fee, posting required, procedure. No
person shall act as an egg handler or dealer without first
obtaining an annual license and permanent dealer's
number from the department; such license shall expire
on the thirtieth day of June following issuance. Application for a license shall be on a form prescribed by the
director and accompanied by a ten dollar annual license fee. Duplicate copies of the license may be issued
upon payment of five dollars. A copy of said license
shall be posted at each location where such licensee operates. Such application shall include the full name of
the applicant for the license and the location of each
facility he intends to operate. If such applicant is an individual, receiver, trustee, firm, partnership, association
or corporation, the full name of each member of the
firm or partnership or the names of the officers of the
association or corporation shall be given on the application. Such application shall further state the principal
business address of the applicant in the state and elsewhere and the name of a person domiciled in this state
authorized to receive and accept service of summons of
legal notices of all kinds for the applicant and any other
necessary information prescribed by the director. Upon
the approval of the application and compliance with the
provisions of this chapter, including the applicable regulations adopted hereunder by the department, the applicant shall be issued a license or renewal thereof. Such
license and permanent egg handler or dealer's number
shall be nontransferable. [1975 1st ex.s. c 201 § 6.]
69.25.060 Egg handler's or dealer's license--Late
renewal fee-Exceptions. If the application for the renewal of an egg handler's or dealer's license is not filed
before July 1st of any year, an additional fee of five
dollars shall be assessed and added to the original fee
and shall be paid by the applicant before the renewal
license shall be issued: Provided, That such additional
fee shall not be charged if the applicant furnishes an
affidavit certifying that he has not acted as an egg handler or dealer subsequent to the expiration of his license. [1975 lst ex.s. c 201 § 7.]
69.25.070 Egg handler's or dealer's license-Denial, suspension, revocation, or conditional issuance. The
department may deny, suspend, revoke, or issue a license or a conditional license if it determines that an
applicant or licensee has committed any of the following acts:
(1) That the applicant or licensee is violating or has
violated any of the provisions of this chapter or rules
and regulations adopted thereunder.
Washington Wholesome Eggs And Egg Products Act
(2) That the application contains any materially false
or misleading statement or involves any misrepresentation by any officer, agent, or employee of the applicant.
(3) That the applicant or licensee has concealed or
withheld any facts regarding any violation of this chapter by any officer, agent, or employee of the applicant
or licensee. [1975 !st ex.s. c 201 § 8.]
69.25.080 Continuous inspection at processing
plants--Exemptions--Condemnation and destruction of adulterated eggs and egg products--Reprocessing--Appeal--Inspections of egg handlers. ( 1)
For the purpose of preventing the entry into or movement in intrastate commerce of any egg product which
is capable of use as human food and is misbranded or
adulterated, the director shall, whenever processing operations are being conducted, unless under inspection
by the United States department of agriculture, cause
continuous inspection to be made, in accordance with
the regulations promulgated under this chapter, of the
processing of egg products, in each plant processing egg
products for commerce, unless exempted under RCW
69.25.170. Without restricting the application of the
preceding sentence to other kinds of establishments
within its provisions, any food manufacturing establishment, institution, or restaurant which uses any eggs that
do not meet the requirements of RCW 69.25.170(1)(a)
in the preparation of any articles for human food, shall
be deemed to be a plant processing egg products, with
respect to such operations.
(2) The director, at any time, shall cause such retention, segregation, and reinspection as he deems necessary of eggs and egg products capable of use as human
food in each official plant.
(3) Eggs and egg products found to be adulterated at
official plants shall be condemned, and if no appeal be
taken from such determination or condemnation, such
articles shall be destroyed for human food purposes under the supervision of an inspector: Provided, That articles which may by reprocessing be made not
adulterated need not be condemned and destroyed if so
reprocessed under the supervision of an inspector and
thereafter found to be not adulterated. If an appeal be
taken from such determination, the eggs or egg products shall be appropriately marked and segregated
pending completion of an appeal inspection, which appeal shall be at the cost of the appellant if the director
determines that the appeal is frivolous. If the determination of condemnation is sustained, the eggs or egg
products shall be destroyed for human food purposes
under the supervision of an inspector.
(4) The director shall cause such other inspections to
be made of the business premises, facilities, inventory,
operations, and records of egg handlers, and the records
and inventory of other persons required to keep records
under RCW 69.25.140, as he deems appropriate (and in
the case of shell egg packers, packing eggs for the ultimate consumer, at least once each calendar quarter) to
assure that only eggs fit for human food are used for
such purpose, and otherwise to assure compliance by
egg handlers and other persons with the requirements of
RCW 69.25.140, except that the director shall cause
69.25.100
such inspections to be made as he deems appropriate to
assure compliance with such requirements at food manufacturing establishments, institutions, and restaurants,
other than plants processing egg products. Representatives of the director shall be afforded access to all such
places of business for purposes of making the inspections provided for in this chapter. [ 1975 1st ex.s. c 20 I §
9.]
69.25.090 Sanitary operation of official plants-Inspection refused if requirements not met. (I) The operator of each official plant shall operate such plant in
accordance with such sanitary practices and shall have
such premises, facilities, and equipment as are required
by regulations promulgated by the director to effectuate
the purposes of this chapter, including requirements for
segregation and disposition of restricted eggs.
(2) The director shall refuse to render inspection to
any plant whose premises, facilities, or equipment, or
the operation thereof, fail to meet the requirements of
this section. [ 1975 1st ex.s. c 201 § 10.]
69.25.100 Egg products--Pasteurization--Labeling requirements--False or misleading labels or
containers--Director may order use of withheld-Hearing, determination, and appeal. (1) Egg products inspected at any official plant under the authority of this
chapter and found to be not adulterated shall be pasteurized before they leave the official plant, except as
otherwise permitted by regulations of the director, and
shall at the time they leave the official plant, bear in
distinctly legible form on their shipping containers or
immediate containers, or both, when required by regulations of the director, the official inspection legend and
official plant number, of the plant where the products
were processed, and such other information as the director may require by regulations to describe the products adequately and to assure that they will not have
false or misleading labeling.
(2) No labeling or container shall be used for egg
products at official plants if it is false or misleading or
has not been approved as required by the regulations of
the director. If the director has reason to believe that
any labeling or the size or form of any container in use
or proposed for use with respect to egg products at any
official plant is false or misleading in any particular, he
may direct that such use be withheld unless the labeling
or container is modified in such manner as he may prescribe so that it will not be false or misleading. If the
person using or proposing to use the labeling or container does not accept the determination of the director,
such person may request a hearing, but the use of the
labeling or container shall, if the director so directs, be
withheld pending hearing and final determination by
the director. Any such determination by the director
shall be conclusive unless, within thirty days after receipt of notice of such final determination, the person
adversely affected thereby appeals to the superior court
in the county in which such person has its principal
place of business. [1975 1st ex.s. c 201 § 11.]
(1975 RCW Supp--p 5691
69.25.110
Title 69:
Food, Drugs, Cosmetics, and Poisons
69.25.110 Prohibited acts and practices. (I) No person shall buy. sell. or transport. or offer to buy or sell.
or offer or recei\e for transportation, in any business in
intrastate commerce any restricted eggs. capable of use
as human food. except as authorized by regulations of
the director under such conditions as he may prescribe
to assure that only eggs fit for human food are used for
such purpose.
(2) No egg handler shall possess with intent to use, or
use. any 'restricted eggs in the preparation of human
food for intrastate commerce except that such eggs may
be so possessed and used when authorized by regulations of the director under such conditions as he may
prescribe to assure that only eggs fit for human food are
used for such purpose.
(3) No person shall process any egg products for intrastate commerce at any plant except in compliance
with the requirements of this chapter.
(4) No person shall buy, sell, or transport, or offer to
buy or sell, or offer or receive for transportation, in intrastate commerce any egg products required to be inspected under this chapter unless they have been so
inspected and are labeled and packaged in accordance
with the requirements of RCW 69.25.100.
(5) No operator of any official plant shall allow any
egg products to be moved from such plant if they are
adulterated or misbranded and capable of use as
human food.
(6) No person shall:
(a) Manufacture, cast, print, lithograph, or otherwise
make any device containing any official mark or simulation thereof, or any label bearing any such mark or
simulation, or any form of official certificate or simulation thereof, except as authorized by the director;
(b) Forge or alter any official device, mark, or
certificate;
(c) Without authorization from the director, use any
official device, mark, or certificate, or simulation thereof, or detach, deface, or destroy any official device or
mark; or use any labeling or container ordered to be
withheld from use under RCW 69.25.100 after final judicial affirmance of such order or expiration of the time
for appeal if no appeal is taken under said section;
(d) Contrary to the regulations prescribed by the director, fail to use, or to detach, deface, or destroy any
official device, mark, or certificate;
(e) Knowingly possess, without promptly notifying
the director or his representative, any official device or
any counterfeit, simulated, forged, or improperly altered
official certificate or any device or label, or any eggs or
egg products bearing any counterfeit, simulated, forged,
or improperly altered official mark;
(f) Knowingly make any false statement in any shipper's certificate or other nonofficial or official certificate
provided for in the regulations prescribed by the
director;
(g) Knowingly represent that any article has been inspected or exempted, under this chapter when in fact it
has not been so inspected or exempted; and
(h) Refuse access. at any reasonable time, to any
representative of the director, to any plant or other
[1975 RCW Supp--p 5701
place of business subject to inspection under any provisions of this chapter.
(7) No person, while an official or employee of the
state or local governmental agency, or thereafter, shall
use to his own advantage, or reveal other than to the
authorized representatives of the United States government or the state in their official capacity, or as ordered
by a court in a judicial proceeding, any information acquired under the authority of this chapter concerning
any matter which the originator or relator of such information claims to be entitled to protection as a trade
secret. [1975 !st ex.s. c 201 § 12.]
69.25.120 Director to cooperate with other agencies--May conduct examinations. The director shall,
whenever he determines that it would effectuate the
purposes of this chapter, cooperate with any state, federal or other governmental agencies in carrying out any
provisions of this chapter. In carrying out the provisions
of this chapter, the director may conduct such examinations, investigations, and inspections as he determines
practicable through any officer or employee of any such
agency commissioned by him for such purpose. [ 1975
1st ex.s. c 201 § 13.]
69.25.130 Eggs or egg products not intended for use
as human food--Identification or denaturing required.
Inspection shall not be provided under this chapter at
any plant for the processing of any egg products which
are not intended for use as human food, but such articles, prior to their offer for sale or transportation in intrastate commerce, shall be denatured or identified as
prescribed by regulations of the director to deter their
use for human food. No person shall buy, sell, or transport or offer to buy or sell, or offer or receive for transportation, in intrastate commerce, any restricted eggs or
egg products which are not intended for use as human
food unless they are denatured or identified as required
by the regulations of the director. [1975 1st ex.s. c 201 §
14.]
69.25.140 Records required, access to and copying of.
For the purpose of enforcing the provisions of this
chapter and the regulations promulgated thereunder, all
persons engaged in the business of transporting, shipping, or receiving any eggs or egg products in intrastate
commerce or in interstate commerce, or holding such
articles so received, and all egg handlers, shall maintain
such records showing, for such time and in such form
and manner, as the director may prescribe, to the extent
that they are concerned therewith, the receipt, delivery,
sale, movement, and disposition of all eggs and egg
products handled by them, and shall, upon the request
of the director, permit him at reasonable times to have
access to and to copy all such records. [ 1975 l st ex.s. c
201 § 15.]
69.25.150 Penalties--Liability of employer-Defense--Interference with person performing official
duties. (I) Any person who commits any offense prohibited by RCW 69.25.110 shall upon conviction be
Washington Wholesome Eggs And Egg Products Act
guilty of a gross misdemeanor. When construing or enforcing the provisions of RCW 69.25.110, the act, omission, or failure of any person acting for or employed by
any individual, partnership, corporation, or association
within the scope of his employment or office shall in
every case be deemed the act, omission, or failure of
such individual, partnership, corporation, or association, as well as of such person.
(2) No carrier or warehouseman shall be subject to
the penalties of this chapter, other than the penalties for
violation of RCW 69.25.140, or subsection (3) of this
section, by reason of his receipt, carriage, holding, or
delivery, in the usual course of business, as a carrier or
warehouseman of eggs or egg products owned by another person unless the carrier or warehouseman has
knowledge, or is in possession of facts which would
cause a reasonable person to believe that such eggs or
egg products were not eligible for transportation under,
or were otherwise in violation of, this chapter, or unless
the carrier or warehouseman refuses to furnish on request of a representative of the director the name and
address of the person from whom he received such eggs
or egg products and copies of all documents, if there be
any, pertaining to the delivery of the eggs or egg products to, or by, such carrier or warehouseman.
(3) Notwithstanding any other provision of Jaw any
person who forcibly assaults, resists, impedes, intimidates, or interferes with any person while engaged in or
on account of the performance of his official duties under this chapter shall be punished by a fine of not more
than five thousand dollars or imprisonment in the state
penitentiary for not more than three years, or both.
Whoever, in the commission of any such act, uses a
deadly or dangerous weapon, shall be punished by a
fine of not more than ten thousand dollars or by imprisonment in the state penitentiary for not more than
ten years, or both. [1975 1st ex.s. c 201 § 16.]
69.25.160 Notice of violation--May take place of
prosecution. Before any violation of this chapter, other
than RCW 69.25.150(3), is reported by the director to
any prosecuting attorney for institution of a criminal
proceeding, the person against whom such proceeding is
contemplated shall be given reasonable notice of the alleged violation and opportunity to present his views
orally or in writing with regard to such contemplated
proceeding. Nothing in this chapter shall be construed
as requiring the director to report for criminal prosecution violation of this chapter whenever he believes that
the public interest will be adequately served and compliance with this chapter obtained by a suitable written
notice of warning. [ 1975 1st ex.s. c 201 § 17.]
69.25.170 Exemptions permitted by rule of director.
(1) The director may, by regulation and under such
conditions and procedures as he may prescribe, exempt
from specific provisions of this chapter:
(a) The sale, transportation, possession, or use of eggs
which contain no more restricted eggs than are allowed
by the tolerance in the official state standards for consumer grades for shell eggs;
69.25.200
(b) The processing of egg products at any plant where
the facilities and operating procedures meet such sanitary standards as may be prescribed by the director,
and where the eggs received or used in the manufacture
of egg products contain no more restricted eggs than
are allowed by the official standards of the state consumer grades for shell eggs, and the egg products processed at such plant;
(c) The sale of eggs by any poultry producer from his
own flocks directly to a household consumer exclusively
for use by such consumer and members of his household and his nonpaying guests and employees, and the
transportation, possession, and use of such eggs in accordance with this subsection;
(d) The sale of eggs by shell egg packers on his own
premises directly to household consumers for use by
such consumer and members of his household and his
nonpaying guests and employees, and the transportation, possession, and use of such eggs in accordance
with this subsection.
(2) The director may modify or revoke any regulation
granting exemption under this chapter whenever he
deems such action appropriate to effectuate the purposes of this chapter. [ 1975 1st ex.s. c 201 § 18.]
69.25.180 Limiting entry of eggs and egg products
into official plants. The director may limit the entry of
eggs and egg products and other materials into official
plants under such conditions as he may prescribe to assure that allowing the entry of such articles into such
plants will be consistent with the purposes of this chapter. [1975 1st ex.s. c 201 § 19.]
69.25.190 Embargo of eggs or egg products in violation of this chapter--Time limit--Removal of official
marks. Whenever any eggs or egg products subject to
this chapter are found by any authorized representative
of the director upon any premises and there is reason to
believe that they are or have been processed, bought,
sold, possessed, used, transported, or offered or received
for sale or transportation in violation of this chapter, or
that they are in any other way in violation of this chapter, or whenever any restricted eggs capable of use as
human food are found by such a representative in the
possession of any person not authorized to acquire such
eggs under the regulations of the director, such articles
may be embargoed by such representative for a reasonable period but not to exceed twenty days, pending action under RCW 69.25.200 or notification of any federal
or other governmental authorities having jurisdiction
over such articles, and shall not be moved by any person from the place at which they are located when so
detained until released by such representative. All official marks may be required by such representative to be
removed from such articles before they are released unless it appears to the satisfaction of the director that the
articles are eligible to retain such marks. [1975 1st ex.s.
c 201 § 20.]
69.25.200 Embargo--Petition for court order affirming--Removal of embargo or destruction or correction and release--Court costs, fees, administrative
(1975 RCW Supp--p 571)
69.25.200
Title 69:
Food, Drugs, Cosmetics, and Poisons
expcnses--Bond may be required. When the director
has embargoed any eggs or egg products, he shall petition the superior court of the county in which the eggs
or egg products are located for an order affirming such
embargo. Such court shall have jurisdiction for cause
shown and after a prompt hearing to any claimant of
eggs or egg products, shall issue an order which directs
the removal of such embargo or the destruction or correction and release of such eggs and egg products. An
order for destruction or the correction and release of
such eggs and egg products shall contain such provision
for the payment of pertinent court costs and fees and
administrative expenses as is equitable and which the
court deems appropriate in the circumstances. An order
for correction and release may contain such provisions
for a bond as the court finds indicated in the circumstance. [1975 1st ex.s. c 201 § 21.]
69.25.210 Embargo---Order affirming not required,
when. The director need not petition the superior court
as provided for in RCW 69.25.200 if the owner or
claimant of such eggs or egg products agrees in writing
to the disposition of such eggs or egg products as the
director may order. [1975 1st ex.s. c 201 § 22.)
69.25.220 Embargo--Consolidation of petitions.
Two or more petitions under RCW 69.25.200 which
pend at the same time and which present the same issue
and claimant hereunder may be consolidated for simultaneous determination by one court of competent jurisdiction, upon application to any court of jurisdiction by
the director or claimant. [1975 1st ex.s. c 201 § 23.)
69.25.230 Embargo--Sampling of article. The
claimant in any proceeding by petition under RCW
69.25.200 shall be entitled to receive a representative
sample of the article subject to such proceedings upon
application to the court of competent jurisdiction made
at any time after such petition and prior to the hearing
thereon. [1975 1st ex.s. c 201 § 24.)
69.25.240 Condemnation--Recovery of damages
restricted. No state court shall allow the recovery of
damages for administrative action for condemnation
under the provisions of this chapter, if the court finds
that there was probable cause for such action. [1975 1st
ex.s. c 201 § 25.)
69.25.250 Assessment--Rate, applicability, time of
payment--Reports--Contents, frequency. There is
hereby levied an assessment not to exceed two and onehalf mills per dozen eggs entering intrastate commerce,
as prescribed by rules and regulations issued by the director. Such assessment shall be applicable to all eggs
entering intrastate commerce except as provided in
RCW 69.25.170 and 69.25.290. Such assessment shall be
paid to the director on a monthly basis on or before the
tenth day following the month such eggs enter intrastate
commerce. The director may require reports by egg
handlers or dealers along with the payment of the assessment fee. Such reports may include any and all pertinent information necessary to carry out the purposes
(1975 RCW Supp---p 572)
of .this chapter. ~he director may. by regulations. reqmre egg contamer manufacturers to report on a
monthly basis all egg containers sold to any egg handler
or dealer and bearing such egg handler or dealer's license number. [1975 1st ex.s. c 201 § 26.]
69.25.260 Assessment--Prepayment by purchase of
egg seals--Permit for printing seal on containers. Any
egg handler or dealer may prepay the assessment provided for in RCW 69.25.250 by purchasing Washington
state egg seals from the director to be placed on egg
containers showing that the proper assessment has been
paid. Any carton manufacturer may apply to the director for a permit to place reasonable facsimiles of the
Washington state egg seals to be imprinted on egg containers. The director shall. from time to time, prescribe
rules and regulations governing the affixing of seals and
he is authorized to cancel any such permit issued pursuant to this chapter, whenever he finds that a violation
of the terms under which the permit has been granted
has been violated. [1975 1st ex.s. c 201 § 27.)
69.25.270 Assessment--Monthly payment--Audit--Failure to pay, penalty. Every egg handler or
dealer who pays assessments required under the provisions of this chapter on a monthly basis in lieu of seals
shall be subject to audit by the director on an annual
basis or more frequently if necessary. The cost to the
director for performing such audit shall be chargeable
to and payable by the egg handler or dealer subject to
audit. Failure to pay assessments when due or refusal to
pay for audit costs may be cause for a summary suspension of an egg handler's or dealer's license and a
charge of one percent per month, or fraction thereof
shall be added to the sum due the director, for each remittance not received by the director when due. The
conditions and charges applicable to egg handlers and
dealers set forth herein shall also be applicable to payments due the director for facsimiles of seals placed on
egg containers. [1975 1st ex.s. c 201 § 28.)
69.25.280 Assessment--Use of proceeds. The proceeds from assessment fees paid to the director shall be
retai?~d for the. inspection of eggs and carrying out the
prov1s1ons of this chapter relating to eggs. [1975 1st ex.s.
c 201 § 29.)
69.25.290 Assessment--Exclusions. The assessments provided in this chapter shall not apply to:
(1) Sale and shipment to points outside of this state;
(2) Sale to the United States government and its
instrumentalities;
(3) Sale to breaking plants for processing into egg
products;
(4) Sale between egg dealers. [ 1975 1st ex.s. c 201 §
30.]
69.28.400
Honey
69.25.300 Transfer of moneys in state egg account.
All moneys in the state egg account, created by RCW
69.24.450, at the time of July 1, 1975, shall be transferred to the director and shall be retained and expended for administering and carrying out the purposes of
this chapter. [1975 1st ex.s. c 201 § 31.]
69.25.310
Containers--Marking required-Obliteration of previous markings required for reusePenalty. All containers used by an egg handler or dealer
to package eggs shall bear the name and address or the
permanent number issued by the director to said egg
handler or dealer. Such permanent number shall be
displayed in a size and location prescribed by the director. It shall constitute a gross misdemeanor for any
egg handler or dealer to reuse a container which bears
the permanent number of another egg handler or dealer
unless such number is totally obliterated prior to reuse.
The director may in addition require the obliteration of
any or all markings that may be on any container
which will be reused for eggs by an egg handler or
dealer. [1975 1st ex.s. c 201 § 32.]
69.25.320 Records required, additional--Sales to
retailer or food service--Exception--Defense to
charged violation--Sale of eggs deteriorated due to
storage time. In addition to any other records required
to be kept and furnished the director under the provisions of this chapter, the director may require any person who sells to any retailer, or to any restaurant, hotel,
boarding house, bakery, or any institution or concern
which purchases eggs for serving to guests or patrons
thereof or for its use in preparation of any food product
for human consumption, candled or graded eggs other
than those of his own production sold and delivered on
the premises where produced, to furnish that retailer or
other purchaser with an invoice covering each such sale,
showing the exact grade or quality, and the size or
weight of the eggs sold, according to the standards prescribed by the director, together with the name and address of the person by whom the eggs were sold. The
person selling and the retailer or other purchaser shall
keep a copy of said invoice on file at his place of business for a period of thirty days, during which time the
copy shall be available for inspection at all reasonable
times by the director: Provided, That no retailer or
other purchaser shall be guilty of a violation of this
chapter if he can establish a guarantee from the person
from whom the eggs were purchased to the effect that
they, at the time of purchase, conformed to the information required by the director on such invoice: Provided further, That if the retailer or other purchaser
having labeled any such eggs in accordance with the
invoice keeps them for such a time after they are purchased as to cause them to deteriorate to a lower grade
or standard, and sells them under the label of the invoice grade or standard, he shall be guilty of a violation
of this chapter.
No invoice shall be required on eggs when packed for
sale to the United States department of defense, or a
component thereof, if labeled with grades promulgated
by the United States secretary of agriculture. [1975 1st
ex.s. c 201 § 33.]
69.25.330 Exemption from chapter. The provisions of
this chapter shall not apply to the sale of eggs by any
egg producer with an annual egg production from a
flock of three thousand or less hens. [ 1975 1st ex.s. c 201
§ 34.]
69.25.340 General penalty. Any person violating any
provision of this chapter or regulations for which a
penalty is not specifically provided for in this chapter,
shall be guilty of a misdemeanor and guilty of a gross
misdemeanor for any subsequent violation: Provided,
That any offense committed more than five years after a
previous conviction shall be considered a first offense.
[1975 lst ex.s. c 201 § 36.]
69.25.900 Savings. The enactment of this chapter
shall not have the effect of terminating or in any way
modifying any liability, civil or criminal, which shall already be in existence on July 1, 1975. [1975 1st ex.s. c
201 § 35.]
69.25.910 Chapter is cumulative and nonexclusive.
The provisions of this chapter shall be cumulative and
nonexclusive and shall not affect any other remedy at
law. [1975 lst ex.s. c 201 § 37.]
69.25.920 Severability--1975 1st ex.s. c 201. 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 201 § 38.]
69.25.930 Short title. This act may be known and
cited as the "Washington wholesome eggs and egg products act". [1975 lst ex.s. c 201 § 39.]
Chapter 69.28
HONEY
Sections
69.28.150
69.28.400
69.28.410
69.28.420
69.28.430
69.28.440
69.28.450
Repealed.
Labeling requirements for artificial honey or mixtures
containing honey.
Embargo on honey or product-Notice by director-Removal.
Embargo on honey or product--Court order affirming, required-Order for destruction or correction
and release-Bond.
Consolidation of petitions presenting same issue and
claimant.
Sample of honey or product may be obtainedProcedure.
Recovery of damages barred if probable cause for
embargo.
69.28.150 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
69.28.400 Labeling requirements for artificial honey
or mixtures containing honey. (1) No person shall sell,
keep for sale, expose or offer for sale, any article or
(1975 RCW Supp--p 573)
69.28.400
Title 69:
Food, Drugs, Cosmetics, and Poisons
product in imitation or semblance of honey branded
exclusi\'ely as "honey", "liquid or extracted honey",
"strained honey" or "pure honey".
(2) No person, firm, association, company or corporation shall manufacture, sell, expose or offer for sale,
any compound or mixture branded or labeled exclusively as honey which shall be made up of honey mixed
with any other substance or ingredient.
(3) Whenever honey is mixed with any other substance or ingredient and the commodity is to be marketed in imitation or semblance of honey, the product
shall be labeled with the word "artificial" or "imitation"
in the same type size and style as the word "honey";
(4) Whenever any substance or commodity is to be
marketed in imitation or semblance of honey, but contains no honey, the product shall not be branded or labeled with the word "honey" and/or depict thereon a
picture or drawing of a bee, bee hive, or honeycomb;
(5) Whenever honey is mixed with any other substance or ingredient and the commodity is to be marketed, there shall be printed on the package containing
such compound or mixture a statement giving the ingredients of which it is made; if honey is one of such
ingredients it shall be so stated in the same size type as
are the other ingredients; nor shall such compound or
mixture be branded or labeled exclusively with the
word "honey" in any form other than as herein provided; nor shall any product in semblance of honey,
whether a mixture or not, be sold, exposed or offered
for sale as honey, or branded or labeled exclusively
with the word "honey'', unless such article is pure honey. [1975 1st ex.s. c 283 § l.]
the correction and release of such honey or product. An
order for destruction or correction and release shall
contain such provision for the payment of pertine~t
court costs and fees and administrative expenses, as 1s
equitable and which the court deems appropriate in the
circumstances. An order for correction and release may
contain such provision for bond, as the court finds indicated in the circumstances. [1975 1st ex.s. c 283 § 4.)
69.28.430 Consolidation of petitions presenting same
issue and claimant. Two or more petitions under this
chapter, as now or hereafter amended, which pend at
the same time and which present the same issue and
claimant hereunder, shall be consolidated for simultaneous determination by one court of jurisdiction, upon
application to any court of jurisdiction by the director
or by such claimant. [1975 1st ex.s. c 283 § 5.)
69.28.440 Sample of honey or product may be obtained--Procedure. The claimant in any proceeding
by petition under this chapter, as now or hereafter
amended, shall be entitled to receive a representative
sample of the honey or product subject to such proceeding, upon application to the court of jurisdiction
made at any time after such petition and prior to the
hearing thereon. [ 1975 1st ex.s. c 283 § 6.)
69.28.450 Recovery of damages barred if probable
cause for embargo. No state court shall allow the recovery of damages for embargo under this chapter, as now
or hereafter amended, if the court finds that there was
probable cause for such action. [ 1975 1st ex.s. c 283 §
7.)
69.28.410 Embargo on honey or product--Notice
by director--Removal. Whenever the director shall
find, or shall have probable cause to believe, that any
honey or product subject to the provisions of this chapter, as now or hereafter amended, is in intrastate commerce, which was introduced into such intrastate
commerce in violation of the provisions of this chapter,
as now or hereafter amended, he is hereby authorized
to affix to such honey or product a notice placing an
embargo on such honey or product, and prohibiting its
sale in intrastate commerce, and no person shall move
or sell such honey or product without first receiving
permission from the director to move or sell such honey
or product. But if, after such honey or product has been
embargoed, the director shall find that such honey or
product does not involve a violation of this chapter, as
now or hereafter amended, such embargo shall be
forthwith removed. [1975 1st ex.s. c 283 § 3.)
69.28.420 Embargo on honey or product--Court
order affirming, required--Order for destruction or
correction and release---Bond. When the director has
embargoed any honey or product he shall, no later than
twenty days after the affixing of notice of its embargo,
petition the superior court for an order affirming such
embargo. Such court shall then have jurisdiction, for
cause shown and after prompt hearing to any claimant
of such honey or product, to issue an order which directs the removal of such embargo or the destruction or
[1975 RCW Supp--p 5741
Chapter 69.33
UNIFORM NARCOTIC DRUG ACT
Sections
69.33.230
69.33.960
through 69.33.270 Repealed.
Decodified.
69.33.230 through 69.33.270 Repealed. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
.69.3~.~60 Decodified. See Supplementary Table of
D1spos1t10n of Former RCW Sections, this volume.
Title 70
PUBLIC HEALTH AND SAFETY
Chapters
70.12 Public health funds.
7032 County and state tuberculosis funds.
7033 State administered tuberculosis hospital
facilities.
70.35 Eastern tuberculosis hospital districts.
70.41 Hospital licensing and regulation.
70.44 Public hospital districts.
70.85 Party line telephones--Emergency calls.
State Administered T.B. Hospital Facilities
70.88
70.92
70.92A
70.94
70.95A
70.96A
70.112
Conveyances for persons in recreational
activities.
Public buildings--Provision for aged and
handicapped.
Public accommodations--Provision for physically handicapped.
Washington clean air act.
Pollution control--Municipal bonding
authority.
Uniform alcoholism and intoxication treatment.
Family medicine-Education and residency
programs.
Chapter 70.12
PUBLIC HEALTH FUNDS
Sections
70.12.010
70.12.025
COUNTY FUNDS
County tax levy for public health. (Expires January I,
1977.)
County funds for public health. (Effective January I,
1977.)
COUNTY FUNDS
70.12.010 County tax levy for public health. (Expires January 1, 1977.) Each board of county commissioners shall annually budget and levy as a tax for
public health work in its county a sum equal to the
amount which would be raised by a levy of nine cents
per thousand dollars of assessed value against the taxable property in the county, but nothing herein contained shall prohibit a county from obtaining said
public health funds from any other source of county
revenue or from budgeting additional sums for public
health work.
This section shall expire on January I, 1977. [1975 lst
ex.s. c 291 § I; 1973 2nd ex.s. c 4 § 4; 1973 lst ex.s. c
195 § 78; 1970 ex.s. c 47 § 6; 1943 c 163 § I; 1939 c 191
§ I; Rem. Supp. 1943 § 3997-2a.]
Reviser's note: RCW 70.12.010 was repealed by 1975 !st ex.s. c 291
§ 24, effective January I, 1977.
Effective dates--Severability--1975 1st ex.s. c 291: See notes
following RCW 82.04.050.
Emergency-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.
70.12.025 County funds for public health. (Effective
January 1, 1977.) Each county legislative authority shall
annually budget and appropriate a sum for public
health work. [1975 1st ex.s. c 291 § 2.]
Effective dates--Severability--1975 1st ex.s. c 291: See notes
following RCW 82.04.050.
Chapter 70.32
COUNTY AND STATE TUBERCULOSIS FUNDS
Sections
70.32.010
70.32.090
Expenditures for tuberculosis control directedStandards. (Effective January I, 1977.)
Repealed. (Effective January I, 1977.)
70.33.040
70.32.010 Expenditures for tuberculosis control directed--Standards. (Effective January 1, 1977.) Tuberculosis is a communicable disease and tuberculosis
control, case finding, prevention and follow up of
known cases of tuberculosis represents the basic step in
the conquest of this major health problem. In order to
carry on such work effectively in accordance with the
standards set by the secretary pursuant to RCW 70.33.020, the legislative authority of each county shall
budget a sum to be used for the control of tuberculosis,
including case finding, prevention and follow up of
known cases of tuberculosis. [1975 1st ex.s. c 291 § 3;
1973 1st ex.s. c 195 § 79; 1971 ex.s. c 277 § 21; 1970
ex.s. c 47 § 7; 1967 ex.s. c 110 § 11; 1959 c 117 § 1;
1945 c 66 § I; 1943 c 162 § I; Rem. Supp. 1945 §
6113-1.]
Effective dates-Severability--1975 1st ex.s. c 291: See notes
following RCW 82.04.050.
Severability--Effective dates and termination dates--Construction-1973 1st ex.s. c 195: See notes following RCW 84.52.043.
County budget for tuberculosis facilities--State services: RCW
70.33.040.
County treasurer: Chapter 36.29 RCW.
Definitions: RCW 70.33.010.
70.32.090 Repealed. (Effective January 1, 1977.)
See Supplementary Table of Disposition of Former
RCW Sections, this volume.
Chapter 70.33
STATE ADMINISTERED TUBERCULOSIS
HOSPITAL FACILITIES
Sections
70.33.040
County budget for tuberculosis facilities--State services. (Effective January I, 1977.)
70.33.040 County budget for tuberculosis facilities--State services. (Effective January 1, 1977.) In
order to maintain adequate tuberculosis hospital facilities and to provide for adequate hospitalization, nursing
home and other appropriate facilities and services for
the residents of the state of Washington who are or may
be suffering from tuberculosis and to assure their proper
care, the standards set by the secretary pursuant to
RCW 70.33.020 and 70.32.050 and 70.32.060, the legislative authority of each county shall budget annually a
sum to provide such services in the county.
If such counties desire to receive state services, they
may elect to utilize funds pursuant to this section for
the purpose of contracting with the state upon agreement by the state for the cost of providing tuberculosis
hospitalization and/ or outpatient treatment including
laboratory services, or such funds may be retained by
the county for operating its own services for the prevention and treatment of tuberculosis or any other
community health purposes authorized by law. None of
such counties shall be required to make any payments
to the state or any other agency from these funds except
upon the express consent of the county legislative authority: Provided, That if the counties do not comply
with the promulgated standards of the department the
secretary shall take action to provide such required
[1975 RCW Supp---p 575)
7033.040
Title 70:
Public Health and Safety
services and to charge the affected county directly for
the provision of these services by the state. [ 1975 l st
ex.s. c 291 § 4. Prior: 1973 1st ex.s. c 213 § 4; 1973 1st
ex.s. c 195 § 81; 1971 ex.s. c 277 § 18.]
Effective dates--Severability-1975 1st ex.s. c 291: See notes
following RCW 82.04.050.
Expenditures for tuberculosis control directed-Standards: RCW
70.32.010.
Chapter 70.35
EASTERN TUBERCULOSIS HOSPITAL
DISTRICTS
Sections
70.35.010
through 70.35.110 Repealed. (Effective January I, 1978.)
70.35.010 through 70.35.110 Repealed. (Effective
January 1, 1978.) See Supplementary Table of Disposition of Former RCW Sections, this volume.
Chapter 70.41
HOSPITAL LICENSING AND REGULATION
Sections
70.41.190
Retention and preservation of records of patients.
Actions for negligence against, evidence and proof required to prevail: RCW 4.24.290.
70.41.190 Retention and preservation of records of
patients. Unless specified otherwise by the board, a
hospital shall retain and preserve all medical 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 hospital 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 medical 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 § l.]
Chapter 70.44
PUBLIC HOSPITAL DISTRICTS
Sections
70.44.050
Commissioners-Compensation-Expenses-Insurance-Resolutions by majority vote--Officers-Rules--Seal-Records.
70.44.050
Commissioners--Compensation-Expenses--lnsurance-Resolutions by majority
vote--Officers--Rules--Seal--Records. A district may provide by resolution for the payment of
compensation to each of its commissioners at a rate not
exceeding twenty-five dollars for each day or major
part thereof devoted to the business of the district, and
(1975 RCW Supi>--J> 576)
days upon which he attends meetings of the commission
of his own district, or meetings attended by one or
more commissioners of two or more districts called to
consider business common to them, except that the total compensation paid to such commissioner during any
one year shall not exceed one thousand two hundred
dollars: Provided, That commissioners may not be
compensated for services performed of a ministerial or
professional nature. Any district providing group insurance for its employees, covering them, their immediate
family, and dependents, may provide insurance for its
commissioners with the same coverage. Each commissioner shall be reimbursed for reasonable expenses actually incurred in connection with such business and
meetings, including his subsistence and lodging and
travel while away from his place of residence. No resolution shall be adopted without a majority vote of the
whole commission. The commission shall organize by
election of its own members of a president and secretary, shall by resolution adopt rules governing the
transaction of its business and shall adopt an official
seal. All proceedings of the commission shall be by
motion or resolution recorded in a book or books kept
for such purpose, which shall be public records. [ 1975 c
42 § I; 1965 c 157 § 1; 1945 c 264 § 15; Rem. Supp.
1945 § 6090-44.]
Chapter 70.85
PARTY LINE TELEPHONES-EMERGENCY
CALLS
Call to operator without charge or coin insertion be provided: RCW
80.36.225.
Chapter 70.88
CONVEYANCES FOR PERSONS IN
RECREATIONAL ACTIVITIES
Sections
70.88.070
Costs of inspection--Lien--Disposition of funds.
70.88.070 Costs of inspection--Lien--Disposition of funds. The expenses incurred in connection with
making inspections under this chapter shall be paid by
the owner or operator of such recreational devices either by reimbursing the commission for the costs incurred or by paying directly such individuals or firms
that may be engaged by the commission to accomplish
the inspection service. Payment shall be made only
upon notification by the commission of the amount
due. The commission shall maintain accurate and complete records of the costs incurred for each inspection
and shall assess the respective owners or operators of
said recreational devices only for the actual costs incurred by the commission for such safety inspections.
The costs as assessed by the commission shall be a lien
on the equipment of the owner or operator of the recreational devices so inspected. Such moneys collected
by the commission hereunder shall be paid into the
parks and parkways account of the general fund. [ 1975
1st ex.s. c 74 § I; 1961 c 253 § 2; 1959 c 327 § 7.]
Public Buildings--Aged, Handicapped Persons
Chapter 70.92
PUBLIC BUILDINGS-PROVISION FOR AGED
AND HANDICAPPED
Sections
70.92.010
70.92.100
70.92.110
70.92.120
70.92.130
70.92.140
70.92.150
70.92.160
through 70.92.060 Repealed. (Effective July I, 1976.)
Legislative intent.
Buildings and structures to which standards and specifications apply-Exemptions.
Handicap symbol-Display-Signs showing location of entrance for handicapped.
Definitions.
Minimum standards for facilities-Adoption-Facilities to be included.
Standards adopted by other states to be consideredMajority vote.
Waiver from compliance with standards.
70.92.130
(4) Any building or structure not used primarily for
group A through group H occupancies as set forth in
the Washington state building code; or
(5) Apartment houses with ten or fewer units. [1975
1st ex.s. c 110 § 2.]
70.92.120 Handicap symbol--Display--Signs
showing location of entrance for handicapped. All buildings built in accordance with the standards and specifications provided for in this chapter, and containing
facilities that are in compliance therewith, shall display
the following symbol which is known as the international symbol of access.
70.92.010 through 70.92.060 Repealed. (Effective
July 1, 1976.) See Supplementary Table of Disposition
of Former RCW Sections, this volume.
70.92.100 Legislative intent. It is the intent of the
legislature that, notwithstanding any law to the contrary, plans and specifications for the erection of buildings through the use of public or private funds shall
make special provisions for elderly or physically disabled persons. [1975 1st ex.s. c 110 § I.]
70.92.110 Buildings and structures to which standards
and specifications apply--Exemptions. The standards
and specifications adopted under this chapter shall, as
provided in this section, apply to buildings, structures,
or portions thereof used primarily for group A through
group H occupancies, as defined in the Washington
state building code. All such buildings, structures, or
portions thereof, which are constructed, substantially
remodeled, or substantially rehabilitated after July I,
1976, shall conform to the standards and specifications
adopted under this chapter: Provided, That the following buildings, structures, or portions thereof shall be
exempt from this chapter:
(1) Buildings, structures, or portions thereof for which
construction contracts have been awarded prior to July
I, 1976;
(2) Any building, structure, or portion thereof in respect to which the administrative authority deems, after
considering all circumstances applying thereto, that full
compliance is impracticable: Provided, That, such a determination shall be made no later than at the time of
issuance of the building permit for the construction, remodeling, or rehabilitation: Provided further, That the
board of appeals provided for in section 204 of the
Uniform Building Code shall have jurisdiction to hear
and decide appeals from any decision by the administrative authority regarding a waiver or failure to grant a
waiver from compliance with the standards adopted
pursuant to RCW 70.92.100 through 70.92.160. The
provisions of the Uniform Building Code regarding the
appeals process shall govern the appeals herein;
(3) Any building or structure used solely for dwelling
purposes and which contains not more than two dwelling units;
Such symbol shall be white on a blue background and
shall indicate the location of facilities designed for the
physically disabled or elderly. When a building contains
an entrance other than the main entrance which is
ramped or level for use by physically disabled or elderly
persons, a sign with the symbol showing its location
shall be posted at or near the main entrance which shall
be visible from the adjacent public sidewalk or way.
[1975 1st ex.s. c 110 § 3.]
70.92.130 Definitions. As used in this chapter the
following words and phrases shall have the following
meanings unless the context clearly requires otherwise:
(1) "Administrative authority" means the building
department of each county, city, or town of this state;
(2) "Substantially remodeled or substantially rehabilitated" means any alteration or restoration of a building
or structure within any twelve-month period, the cost
of which exceeds sixty percent of the currently appraised value of the particular building or structure;
(3) "Council" means the state building code advisory
council. [ 197 5 1st ex.s. c 110 § 4.]
11975 RCW Supp--p 577)
70.92.140
Title 70:
Public Health and Safety
70.92.140 Minimum standards for facilities--Adoption--Facilities to be included. The state building
code advisory council shall adopt minimum standards
by rule and regulation for the provision of facilities in
buildings and structures to accommodate the elderly, as
well as physically disabled persons, which shall include
but not be limited to standards for:
(1) Ramps;
(2) Doors and doorways;
(3) Stairs;
(4) Floors;
(5) Entrances;
(6) Toilet rooms and paraphernalia therein;
(7) Water fountains;
(8) Public telephones;
(9) Elevators;
(10) Switches and levers for the control of light, ventilation, windows, mirrors, etc.;
(11) Plaques identifying such facilities;
( 12) Turnstiles and revolving doors;
(13) Kitchen facilities, where appropriate;
(14) Grading of approaches to entrances;
( 15) Parking facilities;
( 16) Seating facilities, where appropriate, in buildings
where people normally assemble. [1975 lst ex.s. c 110 §
5.]
70.92.150 Standards adopted by other states to be
considered--Majority vote. The council in adopting
these minimum standards shall consider minimum
standards adopted by both Jaw and rule and regulation
in other states: Provided, That no standards adopted by
the council pursuant to RCW 70.92.100 through 70.9~­
. l 60 shall take effect until July l, 1976. The council
shall adopt such standards by majority vote pursuant to
the provisions of chapter 34.04 RCW. [1975 lst ex.s. c
110 § 6.]
70.92.160 Waiver from compliance with standards.
The administrative authority of any jurisdiction may
grant a waiver from compliance with any standard
adopted hereunder for a parti_cular bu_ilding or str~cture
if it determines that compliance with the particular
standard is impractical: Provided, That such a determination shall be made no later than at the time of issuance of the building permit for the construction,
remodeling, or rehabilitation: Provided further, That
the board of appeals provided for in section 204 of the
Uniform Building Code shall have jurisdiction to hear
and decide appeals from any decision by the administrative authority regarding a waiver or failure to grant a
waiver from compliance with the standards adopted
pursuant to RCW ?0.92.100_ t~rough 70.92.16~. The
provisions of the Uniform Bmldmg Code regarding the
appeals process shall govern the appeals herein. [ 1975
lst ex.s. c 110 § 7.]
[1975 RCW Supp----p 5781
Chapter 70.92A
PUBLIC ACCOMMODATIONS-PROVISION
FOR PHYSICALLY HANDICAPPED
Sections
70.92A.010 through 70.92A.060 Repealed. (Effective July 1, 1976.)
70.92A.010 through 70.92A.060 Repealed. (Effective July 1, 1976.) See Supplementary Table of Disposition of Former RCW Sections, this volume.
Chapter 70.94
WASHINGTON CLEAN AIR ACT
Sections
70.94.092
70.94.097
70.94.656
Fiscal year-Adoption of budget-Contents-."Supplemental income"-Emergency expenditures.
Special air pollution studies-Contracts for conduct
of.
Open burning of field and turf g_rasses grown_ for
seed-Alternatives-Stud1es-FundmgProcedures-Limitations.
70.94.092 Fiscal year--Adoption of budget-Contents--''Supplemental income''--Emergency expenditures. Notwithstanding the provisions of RCW
l.16.030, the budget year of each activated authority
shall be the fiscal year beginning July l st and ending on
the following June 30th. The current budget year shall
be terminated June 30, 1975, and a budget for the fiscal
year beginning July l, 1975, shall be adopted pursuant
to this section as now or hereafter amended. On or before the fourth Monday in June of each year, each activated authority shall adopt a budget for the following
fiscal year. The budget shall contain an estimate of all
revenues to be collected during the following budget
year, including any surplus funds remaining unexpended from the preceding year. The remaining funds required to meet budget expenditures, if any, shall be
designated as "supplemental income" and shall be obtained from the component cities, towns, and counties
in the manner provided in this chapter. The affirmative
vote of three-fourths of all members of the board shall
be required to authorize emergency expenditures. [ 1975
lst ex.s. c 106 § l; 1969 ex.s. c 168 § 8; 1967 c 238 §
16.]
70.94.097 Special air pollution studies--Contracts
for conduct of. In addition to paying its share of the
supplemental income of the activated authority, each
component city, town, or county shall have the power
to contract with such authority and expend funds for
the conduct of special studies, investigations, plans, research, advice, or consultation relating to air pollution
and its causes, effects, prevention, abatement, and control as such may affect any area within the boundaries
of the component city, town, or county, and which
could not be performed by the authority with funds
otherwise available to it. Any component city, town or
county which contracts for the conduct of such special
air pollution studies, investigations, plans, research, advice or consultation with any entity other than the activated authority shall require that such an entity consult
with the activated authority. [1975 1st ex.s. c 106 § 2.]
Pollution Control--Municipal Bonding Authority
70.94.656 Open burning of field and turf grasses
grown for seed--Alternatives--Studies--Funding--Procedures--Limitations.
Grass burning research advisory committee: Chapter 43.21E RCW.
Chapter 70.95A
POLLUTION CONTROL-MUNICIPAL
BONDING AUTHORITY
Sections
70.95A.OIO Legislative declaration-Liberal construction.
70.95A.035 Actions by municipalities validated.
70.95A.040 Municipalities-Revenue bonds for pollution control
facilities-Authorized-Construction-Sale,
conditions-Form, terms.
70.95A.045 Proceeds of bonds are separate trust funds-Municipal treasurer, compensation.
70.95A.912 Construction-1975 c 6.
70.95A.940 Severability-1975 c 6.
70.95A.010 Legislative declaration--Liberal construction. The legislature finds:
(I) That environmental da.mage seriously endangers
the public health and welfare;
(2) That such environmental damage results from air,
water, and other resources pollution and from solid
waste disposal, noise and other environmental
problems;
(3) That to abate or control such environmental
damage antipollution devices, equipment, and facilities
must be acquired, constructed and installed;
(4) That the tax exempt financing permitted by Section 103 of the Internal Revenue Code of 1954, as
amended, and authorized by this chapter results in lower costs of installation of pollution control facilities;
(5) That such lower costs benefit the public with no
measurable cost impact;
(6) That the method of financing provided in this
chapter is in the public interest and its use serves a
public purpose in (a) protecting and promoting the
health and welfare of the citizens of the cities, towns,
counties, and port districts and of this state by encouraging and accelerating the installation of facilities for
abating or controlling and preventing environmental
damage and (b) in attracting and retaining environmentally sound industry in this state which reduces unemployment and provides a more diversified tax base.
(7) For the reasons set forth in subsection (6) of this
section, the provisions of this chapter relating to port
districts and all proceedings heretofore or hereafter
taken by port districts pursuant thereto are, and shall
be deemed to be, for industrial development as authorized by Article 8, section 8 of the Washington state
Constitution.
This chapter shall be liberally construed to accomplish the intentions expressed in this section. [ 1975 c 6 §
1; 1973 c 132 § 2.]
70.95A.035 Actions by municipalities validated. All
actions heretofore taken by any municipality in conformity with the provisions of this chapter and the provisions of *this 1975 amendatory act hereby made
applicable thereto relating to pollution control facilities,
including but not limited to all bonds issued for such
70.95A.040
purposes, are hereby declared to be valid, legal and
binding in all respects. [ 1975 c 6 § 4.]
*Reviser's note: "this 1975 amendatory act" [ 1975 c 6] consists of
amendments to RCW 70.95A.OIO and 70.95A.040 and the enactment
of RCW 53.08.040, 70.95A.035, 70.95A.045, 70.95A.912, 70.95A.940,
and an uncodified section declaring an emergency and providing an
effective date.
Port districts-Pollution control facilities or other industrial development-Validation: RCW 53.08.041.
70.95A.040 Municipalities--Revenue bonds for
pollution control facilities--Authorized--Construction--Sale, conditions--Form, terms. (I) All bonds
issued by a municipality under the authority of this
chapter shall be secured solely by revenues derived
from the lease or sale of the facility. Bonds and interest
coupons issued under the authority of this chapter shall
not constitute nor give rise to a pecuniary liability of
the municipality or a charge against its general credit or
taxing powers. Such limitation shall be plainly stated
upon the face of each of such bonds. The use of the
municipality's name on revenue bonds authorized hereunder shall not be construed to be the giving or lending
of the municipality's financial guarantee or pledge, i.e.
credit to any private person, firm, or corporation as the
term credit is used in Article 8, section 7 of the
Washington state Constitution.
(2) The bonds referred to in subsection (I) of this
section, may (a) be executed and delivered at any time
and from time to time, (b) be in such form and denominations, (c) be of such tenor, (d) be in registered or
bearer form either as to principal or interest or both,
and may provide for conversion between registered and
coupon bonds of varying denominations, (e) be payable
in such installments and at such time or times not exceeding forty years from their date, (f) be payable at
such place or places, (g) bear interest at such rate or
rates as may be determined by the governing body,
payable at such place or places within or without this
state and evidenced in such manner, (h) be redeemable
prior to maturity, with or without premium, and (i)
contain such provisions not inconsistent herewith, as
shall be deemed for the best interest of the municipality
and provided for in the proceedings of the governing
body whereunder the bonds shall be authorized to be
issued.
(3) Any bonds issued under the authority of this
chapter, may be sold at public or private sale in such
manner and at such time or times as may be determined by the governing body to be most advantageous.
The municipality may pay all expenses, premiums and
commissions which the governing body may deem necessary or advantageous in connection with the authorization, sale and issuance thereof from the proceeds of
the sale of said bonds or from the revenues of the
facilities.
(4) All bonds issued under the authority of this chapter, and all interest coupons applicable thereto shall be
investment securities within the meaning of the uniform
commercial code and shall be deemed to be issued by a
political subdivision of the state.
[1975 RCW Supp--p 5791
Title 70:
70.95A.040
Public Health and Safety
(5) The proceeds from any bonds issued under this
chapter shall be used only for purposes qualifying under Section 103(c)(4)(f) of the Internal Revenue Code of
1954. as amended. [1975 c 6 § 3; 1973 c 132 § 5.]
Port districts-Pollution control facilities or other industrial development--Validation: RCW 53.08.041.
70.95A.045 Proceeds of bonds are separate trust
funds--Municipal treasurer, compensation. The proceeds of any bonds heretofore or hereafter issued in
conformity with the authority of this chapter, together
with interest and premiums thereon, and any revenues
used to pay or redeem any of such bonds. together with
interest and any premiums thereon, shall be separate
trust funds and used only for the purposes permitted
herein and shall not be considered to be money of the
municipality. The services of the treasurer of a municipality, if such treasurer is or has been used, were and
are intended to be for the administrative convenience of
receipt and payment of nonpublic moneys only for
which reasonable compensation may be charged by
such treasurer or municipality. [1975 c 6 § 2.]
Port districts-Pollution control facilities or other industrial development--Validation: RCW 53.08.041.
70.95A.912 Construction--1975 c 6. *This 1975
amendatory act shall be liberally construed to accomplish the intention expressed herein. [ 1975 c 6 § 6.]
*Reviser's note: "This 1975 amendatory act" (1975 c 6] see note
following RCW 70.95A.035.
Port districts-Pollution control facilities or other industrial development--Validation: RCW 53.08.041.
70.95A.940 Severability--1975 c 6. If any provision of *this 1975 amendatory act or the application
thereof to any person or circumstance, is held invalid,
such invalidity shall not affect other provisions or applications of *this 1975 amendatory act which can be
given effect without the invalid provision or application,
and to this end the provisions of this act are declared to
be severable. [1975 c 6 § 7.]
*Reviser's note: "this 1975 amendatory act" (1975 c 6] see note following RCW 70.95A.035.
Chapter 70.96A
UNIFORM ALCOHOLISM AND INTO XI CATION
TREATMENT
Sections
70.96A.130 Repealed.
70.96A.130 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
Chapter 70.112
FAMILY MEDICINE-EDUCATION AND
RE~DENCYPROGRAMS
Sections
70.112.010
70.112.020
Definitions.
Education in family medical practice-Department in
school of medicine-Residency programs-Financial support.
f1975 RCW Supp--p 580)
70.112.030
70.112.040
70.112.050
70.112.060
Family practice education advisory board-Chairman-Membership.
Advisory board-Terms of members-Filling
vacancies.
Advisory board-Duties-Annual report.
Funding of residency programs.
70.112.010 Definitions. (1) "School of medicine"
means the University of Washington school of medicine
located in Seattle, Washington;
(2) "Residency programs'' mean community based
family practice residency educational programs either in
existence or established under this chapter;
(3) "Affiliated" means established or developed in
cooperation with the school of medicine;
(4) "Family practice unit" means the community facility or classroom used for training of ambulatory
health skills within a residency training program; and
(5) "Advisory board" means the family practice education advisory board created by this chapter. [ 1975 1st
ex.s. c 108 § I.]
70.112.020 Education in family medical practice-Department in school of medicine--Residency programs--Financial support. There is established a
state-wide medical education system for the purpose of
training resident physicians in family practice. The dean
of the school of medicine shall be responsible for implementing the development and expansion of residency
programs in cooperation with the medical profession,
hospitals, and clinics located throughout the state. The
chairman of the department of family medicine in the
school of medicine, with the consent of the advisory
board, shall determine where affiliated residency programs shall exist; giving consideration to communities
in the state where the population, hospital facilities,
number of physicians, and interest in medical education
indicate the potential success of the residency program.
The medical education system shall provide financial
support for residents in training for those programs
which are affiliated with the school of medicine and
shall establish positions for appropriate faculty to staff
these programs. The number of programs shall be determined by the board and be in keeping with the needs
of the state. (1975 1st ex.s. c 108 § 2.]
70.112.030 Family practice education advisory
board--Chairman--Membership. There is created a
family practice education advisory board which shall
consist of eight members with the dean of the school of
medicine serving as chairman. Other members of the
board will be:
(1) Chairman, department of family medicine, school
of medicine;
(2) Two public members to be appointed by the
governor;
(3) A member appointed by the Washington state
medical association;
(4) A member appointed by the Washington state
academy of family physicians;
(5) A hospital administrator representing those
Washington hospitals with family practice residency
programs, appointed by the governor; and
71.05.050
Mental Illness
(6) A director representing the directors of comn:iunity based family practice residency programs, appomted
by the governor. [1975 lst ex.s. c 108 § 3.]
70.112.040 Advisory board--Terms of members--Filling vacancies. The dean and chairman of
the department of family medicine at the University of
Washington school of medicine shall be permanent
members of the advisory board. Other members will be
initially appointed as follows: Terms of the two public
members shall be two years; the member from the
medical association and the hospital administrator,
three years; and the remaining two members, four
years. Thereafter, terms for the nonpermanent members
shall be four years; members may serve two consecutive
terms; and new appointments shall be filled in the same
manner as for original appointments. Vacancies shall be
filled for an unexpired term in the manner of the original appointment. [ 1975 1st ex.s. c 108 § 4.]
Chapters
71.05 Mental illness.
Chapter 71.05
MENTAL ILLNESS
Sections
71.05.040
71.05.050
71.05.150
71.05.210
71.05.230
71.05.290
71.05.300
71.05.310
70.112.050 Advisory board--Duties--Annual report. The advisory board shall advise the dean and the
chairman of the department of family medicine in the
implementation of the educational programs provided
for in this chapter; including, but not limited to, the selection of the areas within the state where affiliate residency programs shall exist, the allocation of funds
appropriated under this chapter, and the procedures for
review and evaluation of the residency programs. On or
before January 15 of each year the advisory board shall
provide the governor and the legislature with the report
on the status of the state-wide family practice residency
program. [1975 1st ex.s. c 108 § 5.]
70.112.060 Funding of residency programs. (1) The
moneys appropriated for these state-wide family medicine residency programs shall be in addition to all the
income of the University of Washington and its school
of medicine and shall not be used to supplant funds for
other programs under the administration of the school
of medicine.
(2) The allocation of state funds for the residency
programs shall not exceed fifty percent of the total cost
of the program.
(3) No more than twenty-five percent of the appropriation for each fiscal year for the affiliated programs
shall be authorized for expenditures made in support of
the faculty and staff of the school of medicine who are
associated with the affiliated residency programs and
are located at the school of medicine.
(4) No funds for the purposes of this chapter shall be
used to subsidize the cost of care incurred by patients.
[1975 1st ex.s. c 108 § 6.]
Title 71
MENTAL ILLNESS AND INEBRIACY
71.05.320
71.05.390
71.05.525
No detention or judicial commitment-EpilepticMentally deficient or retarded-Senile--Chronic
alcoholic or drug abuse impaired.
Voluntary application for mental health servicesRights--Review of condition and statusDetention.
Detention of mentally disordered persons for evaluation
and treatment-Procedure.
Evaluation-Treatment and care-Release or other
disposition.
Procedures for additional treatment.
Pe ti tion--Affidavit.
Filing of petition--Appearance-Notice--Advice
as to rights-Appointment of attorney, professional
person.
Time for hearing--Due process--Jury trialContinuation of treatment.
Remand for additional treatment--Duration--New
petition--Grounds--Hearing.
Confidential information and records--Disclosure.
Transfer of person committed to juvenile correction institution to institution or facility for mentally ill
juveniles.
71.05.040 No detention or judicial commitment-Epileptic--Mentally deficient or retarded--Senile-Chronic alcoholic or drug abuse impaired. Persons who are epileptics, mentally deficient, mentally
retarded, impaired by chronic alcoholism or drug abuse,
or senile shall not be detained for evaluation and treatment or judicially committed solely by reason of that
condition unless such condition causes a person to be
gravely disabled or as a result of a mental disorder such
condition exists that constitutes a likelihood of serious
harm to self or others: Provided, That a person shall
not be subject to the provisions of this chapter if proceedings have been initiated under the provisions of the
Washington Uniform Alcoholism and Intoxication
Treatment Act, chapter 70.96A RCW. [1975 !st ex.s. c
199 § l; 1974 ex.s. c 145 § 5; 1973 1st ex.s. c 142 § 9.]
71.05.050 Voluntary application for mental health
services--Rights--Review of condition and status--Detention. Nothing in this chapter shall be construed to limit the right of any person to apply
voluntarily to any public or private agency or practitioner for treatment of a mental disorder, either by direct application or by referral. Any person voluntarily
admitted for· inpatient treatment to any public or private agency shall be released immediately upon his request. Any person voluntarily admitted for inpatient
treatment to any public or private agency shall orally
be advised of the right to immediate release and further
advised of such rights in writing as are secured to them
pursuant to this chapter and their rights of access to attorneys, courts, and other legal redress. Their condition
and status shall be reviewed at least once each one
hundred eighty days for evaluation as to the need for
further treatment and/or possible release, at which time
(1975 RCW Supp--p 581)
71.05.050
Title 71:
Mental Illness and Inebriacy
they shall again be advised or their right to release upon
request: Provided howe\er. That if the professional staff
of any public or private agency regards a person voluntarily admitted who requests release as presenting, as a
result of a mental disorder, an imminent likelihood of
serious harm to himself or others, or is gravely disabled,
they may detain such person for sufficient time to notify
the designated county mental health professional of
such person's condition to enable such mental health
professional to authorize such person being further held
in custody or transported to an evaluation and treatment center pursuant to the provisions of this chapter,
which shall in ordinary circumstances be no later than
the next judicial day. [1975 1st ex.s. c 199 § 2; 1974 ex.s.
c 145 § 6; 1973 1st ex.s. c 142 § 10.]
71.05.150 Detention of mentally disordered persons
for evaluation and treatment--Procedure. (1) (a)
When a mental health professional designated by the
county receives information alleging that a person, as a
result of a mental disorder, presents a likelihood of serious harm to others or himself, or is gravely disabled,
such mental health professional, after investigation and
evaluation of the specific facts alleged, and of the reliability and credibility of the person or persons, if any,
providing information to initiate detention, may summon such person to appear at an evaluation and treatment facility for not more than a seventy-two hour
evaluation and treatment period; the summons shall
state whether the required seventy-two hour evaluation
and treatment services may be delivered on an outpatient or inpatient status. The mental health professional
shall also designate, at the time of the summons, from a
list provided by the court, an attorney who will be appointed, if any is to be appointed, and state the name,
business address, and telephone number of this attorney
in the summons.
(b) The summons shall state a date and time to appear not less than twenty-four hours after the service of
the summons. The summons shall state the address of
the evaluation and treatment facility to which such person is to report and the business address and phone
number of the mental health professional designated by
the county. The summons shall state that if the person
named in the summons fails to appear at the evaluation
and treatment facility at or before the date and time
stated in the summons, such person may be involuntarily taken into custody. Accompanying the summons to
such person shall be a copy of the petition for initial
detention and a notice of rights.
(c) If such mental health professional decides to
summon such person for up to a seventy-two hour
evaluation and treatment period, the mental health professional must file in court the summons, the petition
for initial detention, and all documentary evidence. The
mental health professional shall then serve or cause to
be served on such person, his guardian, and conservator, if any, a copy of the summons together with a notice of rights and a petition for initial detention. After
service on such person the mental health professional
shall file the return of service in court and provide copies of all papers in the court file to the evaluation and
11975 RCW Supp---p 5821
treatment facility and the designated attorney. The
mental health professional shall notify the court and the
prosecuting attorney that a probable cause hearing will
be held within seventy-two hours of the date and time
specified on the summons if such person is not released
prior to the expiration of such period.
(d) If the person summoned appears on or before the
date and time specified, the evaluation and treatment
facility may admit such person as required by RCW
71.05.170 or may provide treatment on an outpatient
basis. If the person summoned fails to appear on or before the date and time specified, the evaluation and
treatment facility shall immediately notify the mental
health professional designated by the county who may
notify a peace officer to take such person or cause such
person to be taken into custody and placed in an evaluation and treatment facility. Should the mental health
professional notify a peace officer authorizing him to
take a person into custody under the provisions of this
subsection, he shall file with the court a copy of such
authorization and a notice of detention. At the time
such person is taken into custody there shall commence
to be served on such person, his guardian, and conservator, if any, a copy of the original summons together
with a notice of detention, a notice of rights, and a petition for initial detention.
(2) When a mental health professional designated by
the county receives information alleging that a person,
as the result of a mental disorder, presents an imminent
likelihood of serious harm to himself or others, after investigation and evaluation of the specific facts alleged
and of the reliability and credibility of the person or
persons providing the information if any, the mental
health professional may take such person, or cause by
oral or written order such person to be taken into
emergency custody in an evaluation and treatment facility for not more than seventy-two hours as described
in RCW 71.05.180.
(3) A peace officer may take such person or cause
such person to be taken into custody and placed in an
evaluation and treatment facility pursuant to subsection
(l )( d) of this section.
(4) A peace officer may, without prior notice of the
proceedings provided for in subsection (I) of this section, take or cause such person to be taken into custody
and immediately delivered to an evaluation and treatment facility:
(a) Only pursuant to subsections (l)(d) and (2) of this
section; or
(b) When he has reasonable cause to believe that
such person is suffering from a mental disorder and
presents an imminent likelihood of serious harm to others or himself.
(5) Persons delivered to evaluation and treatment facilities by peace officers pursuant to subsection (4)(b) of
this section may be held by the facility for a period of
up to twelve hours: Provided, That they are examined
by a mental health professional within three hours of
their arrival. Within twelve hours of their arrival, the
designated county mental health professional must file a
supplemental petition for detention, and commence
Mental Illness
service on the designated attorney for the detained person. [1975 !st ex.s. c 199 § 3; 1974 ex.s. c 145 § 8; 1973
!st ex.s. c 142 § 20.]
71.05.210 Evaluation--Treatment and care-Release or other disposition. Each person involuntarily
admitted to an evaluation and treatment facility shall,
within twenty-four hours of his admission, be examined
and evaluated by a licensed physician and a mental
health professional as defined in this chapter, and shall
receive such treatment and care as his condition requires including treatment on an outpatient basis for
the period that he is detained, except that, beginning
twenty-four hours prior to a court proceeding, the individual may refuse all but emergency life-saving treatment, and the individual shall be informed at an
appropriate time of his right to such refusal of treatment. Such person shall be detained up to seventy-two
hours, if, in the opinion of the professional person in
charge of the facility, or his professional designee, the
person presents a likelihood of serious harm to himself
or others, or is gravely disabled. A person who has been
detained for seventy-two hours shall no later than the
end of such period be released, unless referred for further care on a voluntary basis, or detained pursuant to
court order for further treatment as provided in this
chapter.
An evaluation and treatment center admitting any
person pursuant to this chapter whose physical condition reveals the need for hospitalization shall assure that
such person is transferred to an appropriate hospital for
treatment. Notice of such fact shall be given to the
court, the designated attorney, and the designated
county mental health professional and the court shall
order such continuance in proceedings under this chapter as may be necessary, but in no event may this continuance be more than fourteen days. [1975 1st ex.s. c
199 § 4; 1974 ex.s. c 145 § 14; 1973 1st ex.s. c 142 § 26.]
71.05.230 Procedures for additional treatment. A
person detained for seventy-two hour evaluation and
treatment may be detained for not more than fourteen
additional days of either involuntary intensive treatment or of a less restrictive alternative to involuntary
intensive treatment if the following conditions are met:
(I) The professional staff of the agency or facility
providing evaluation services has analyzed the person's
condition and finds that said condition is caused by
mental disorder and either results in a likelihood of serious harm to the person detained or to others, or results in the detained person being gravely disabled and
are prepared to testify those conditions are met; and
(2) The person has been advised of the need for voluntary treatment and the professional staff of the facility has evidence that he has not in good faith
volunteered; and
(3) The facility providing intensive treatment is certified to provide such treatment by the department of social and health services; and
(4) The professional staff of the agency or facility or
the mental health professional designated by the county
71.05.290
has filed a petition for fourteen day involuntary detention or a less restrictive alternative with the court. The
petition must be signed either by two physicians or by
one physician and a mental health professional who
have examined the person. If involuntary detention is
sought the petition shall state facts that support the
finding that such person, as a result of mental disorder,
presents a likelihood of serious harm to others or himself, or is gravely disabled and that there are no less restrictive alternatives to detention in the best interest of
such person or others. If an involuntary less restrictive
alternative is sought, the petition shall state facts that
support the finding that such person, as a result of
mental disorder, presents a likelihood of serious harm
to others or himself, or is gravely disabled and shall set
forth the less restrictive alternative proposed by the facility; and
(5) A copy of the petition has been served on the detained person, his attorney and his guardian or conservator, if any, prior to the probable cause hearing; and
(6) The court at the time the petition was filed and
before the probable cause hearing has appointed counsel to represent such person if no other counsel has appeared; and
(7) The court has ordered a fourteen day involuntary
treatment after a probable cause hearing has been held
pursuant to RCW 71.05.240. [1975 lst ex.s. c 199 § 5;
1974 ex.s. c 145 § 15; 1973 lst ex.s. c 142 § 28.]
71.05.290 Petition--Affidavit. (1) At any time
during a person's fourteen day intensive treatment period, the professional person in charge of a treatment facility or his professional designee or the designated
county mental health professional may petition the superior court for an order requiring such person to undergo an additional period of treatment. Such petition
must be based on one or more of the grounds set forth
in RCW 71.05.280.
(2) The petition shall summarize the facts which support the need for further confinement and shall be supported by affidavits signed by two examining
physicians, or by one examining physician and examining mental health professional. The affidavits shall describe in detail the behavior of the detained person
which supports the petition and shall explain what, if
any, less restrictive treatments which are alternatives to
detention are available to such person, and shall state
the willingness of the affiant to testify to such facts in
subsequent judicial proceedings under this chapter.
(3) If a person has been determined to be incompetent pursuant to RCW 10.77.090(3) as now existing or
hereafter amended, then the professional person in
charge of the treatment facility or his professional designee or the county designated mental health professional may directly file a petition for ninety day
treatment under RCW 71.05.280(3). No petition for initial detention or fourteen day detention is required before such a petition may be filed. [1975 1st ex.s. c 199 §
6; 1974 ex.s. c 145 § 20; 1973 1st ex.s. c 142 § 34.]
(1975 RCW Supp--p 5831
71.05.300
Title 71:
Mental Illness and Inebriacy
71.05.300 Filing of petition--Appearance--Notice--Advice as to rights--Appointment of attorney,
professional person. The petition for ninety day treatment shall be filed with the clerk of the superior court.
At the time of filing such petition, the clerk shall set a
time for the person to come before the court on the
next judicial day after the day of filing unless such appearance is waived by the person's attorney, and the
clerk shall notify the designated county mental health
professional. The designated county mental health professional shall immediately notify the person detained,
his attorney, if any, and his guardian or conservator, if
any, and the prosecuting attorney, and provide a copy
of the petition to such persons as soon as possible.
At the time set for appearance the detained person
shall be brought before the court, unless such appearance has been waived and the court shall advise him of
his right to be represented by an attorney and of his
right to a jury trial. If the detained person is not represented by an attorney, or is indigent or is unwilling to
retain an attorney, the court shall immediately appoint
an attorney to represent him. The court shall, if requested, appoint a reasonably available licensed physician, psychologist, or psychiatrist, designated by the
detained person to examine and testify on behalf of the
detained person.
The court may, if requested, also appoint a professional person as defined in RCW 71.05.020(12) to seek
less restrictive alternative courses of treatment and to
testify on behalf of the detained person.
The court shall also set a date for a full hearing on
the petition as provided in RCW 71.05.310. [1975 1st
ex.s. c 199 § 7; 1974 ex.s. c 145 § 21; 1973 1st ex.s. c
142 § 35.]
71.05.310 Time for hearing--Due process--Jury
trial--Continuation of treatment. The court shall conduct a hearing on the petition for ninety day treatment
within five judicial days of the first court appearance
after the probable cause hearing unless the person
named in the petition requests a jury trial, in which case
trial shall commence within ten judicial days of the filing of the petition for ninety day treatment. The court
may continue the hearing upon the written request of
the person named in the petition or his attorney, which
continuance shall not exceed ten additional judicial
days. The burden of proof shall be by clear, cogent, and
convincing evidence and shall be upon the petitioner.
The person shall be present at such proceeding, which
shall in all respects accord with the constitutional guarantees of due process of law and the rules of evidence
pursuant to RCW 71.05.250.
During the proceeding, the person named in the petition shall continue to be treated until released by order
of the superior court. If no order has been made within
thirty days after the filing of the petition, not including
extensions of time requested by the detained person or
his attorney, the detained person shall be released.
[1975 1st ex.s. c 199 § 8; 1974 ex.s. c 145 § 22; 1973 1st
ex.s. c 142 § 36.]
(1975 RCW Supp--p 5841
71.05.320 Remand for additional treatment--Duration--New petition--Grounds--Hearing. (I) If
the court or jury finds that grounds set forth in RCW
71.05.280 have been proven and that the best interests
of the person or others will not be served by a less restrictive treatment which is an alternative to detention,
the court shall remand him to the custody of the department of social and health services or to a facility
certified for ninety day treatment by the department of
social and health services for a further period of intensive treatment not to exceed ninety days from the date
of judgment.
If the court or jury finds that grounds set forth in
RCW 71.05.280 have been proven, but finds that treatment less restrictive than detention will be in the best
interest of the person or others, then the court shall remand him to the custody of the department of social
and health services or to a facility certified for ninety
day treatment by the department of social and health
services or to a less restrictive alternative for a further
period of less restrictive treatment not to exceed ninety
days from the date of judgment.
(2) Said person shall be released from involuntary
treatment at the expiration of ninety days unless the
superintendent or professional person in charge of the
facility in which he is confined, or in the event of a less
restrictive alternative, the designated mental health professional, files a new petition for involuntary treatment
on the grounds that the committed person;
(a) Has threatened, attempted, or inflicted physical
harm upon the person of another during the current
period of court ordered treatment and, as a result of
mental disorder presents a likelihood of serious harm to
others; or
(b) Was taken into custody as a result of conduct in
which he attempted or inflicted serious physical harm
upon the person of another, and continues to present,
as a result of mental disorder a likelihood of serious
harm to others; or
(c) Is in custody pursuant to RCW 71.05.280(3) and
as a result of mental disorder presents a substantial
likelihood of repeating similar acts; or
(d) Continues to be gravely disabled.
If the conduct required to be proven in subsections
(b) and (c) of this section was found by a judge or jury
in a prior trial under this chapter, it shall not be necessary to reprove that element. Such new petition for involuntary treatment shall be filed and heard in the
superior court of the county of the facility which is filing the new petition for involuntary treatment unless
good cause is shown for a change of venue. The cost of
the proceedings shall be borne by the state.
The hearing shall be held as provided in RCW 71.05.310, and if the court or jury finds that the grounds for
additional confinement as set forth in this subsection
are present, the court may order the committed person
returned for an additional period of treatment not to
exceed one hundred eighty days from t.he date of judgment. At the end of the one hundred eighty day period
of commitment, the committed person shall be released
unl~ss a petiti?n for another <?ne hundred eighty day
penod of contmued treatment is filed and heard in the
Title 72
Digest of Title
same manner as provided herein above. Successive one
hundred eighty day commitments are permissible on the
same grounds and pursuant to the same procedures as
the original one hundred eighty day commitment. No
person committed as herein provided may be detained
unless a valid order of commitment is in effect. No order of commitment can exceed one hundred eighty days
in length. [1975 lst ex.s. c 199 § 9; 1974 ex.s. c 145 § 23;
1973 !st ex.s. c 142 § 37.]
71.05.390 Confidential information and records-Disclosure. The fact of admission and all information
and records compiled, obtained, or maintained in the
course of providing services to either voluntary or involuntary recipients of services at public or private
agencies shall be confidential.
Information and records may be disclosed only:
( 1) In communications between qualified professional
persons to meet the requirements of this chapter, in the
provision of services or appropriate referrals, or in the
course of guardianship proceedings. The consent of the
patient, or his guardian, must be obtained before information or records may be disclosed by a professional
person employed by a facility to a professional person,
not employed by the facility, who does not have the
medical responsibility for the patient's care or who is
not a designated county mental health professional or
who is not involved in providing services under the
community mental health services act, chapter 71.24
RCW;
(2) When the person receiving services, or his guardian, designates persons to whom information or records
may be released, or if the person is a minor, when his
parents make such designation;
(3) To the extent necessary for a recipient to make a
claim, or for a claim to be made on behalf of a recipient
for aid, insurance, or medical assistance to which he
may be entitled;
(4) For program evaluation and/or research: Provided, That the secretary of social and health services
adopts rules for the conduct of such evaluation and/or
research. Such rules shall include, but need not be limited to, the requirement that all evaluators and researchers must sign an oath of confidentiality
substantially as follows:
"As a condition of conducting evaluation or research
concerning persons who have received services from (fill
in the facility, agency, or person) I, _______________ ,
agree not to divulge, publish, or otherwise make known
to unauthorized persons or the public any information
obtained in the course of such evaluation or research
regarding persons who have received services such that
the person who received such services is identifiable.
I recognize that unauthorized release of confidential
information may subject me to civil liability under the
provisions of state law.
Is/ ___________________ "
(5) To the courts as necessary to the administration
of this chapter.
(6) To law enforcement officers or public health officers necessary to carry out the responsibilities of their
office: Provided, That
(a) Only the fact and date of admission, the fact and
date of discharge, and the last known address shall be
disclosed upon request; and
(b) The law enforcement and public health officers
shall be obligated to keep such information confidential
in accordance with this chapter; and
(c) Additional information shall be disclosed only after giving notice to said person and his counsel and
upon a showing of clear, cogent and convincing evidence that such information is necessary and that appropriate safeguards for strict confidentiality are and
will be maintained: Provided however, That in the
event the said person has escaped from custody, said
notice prior to disclosure is not necessary and that the
facility from which the person escaped shall include an
evaluation as to whether the person is of danger to persons or property and has a propensity toward violence.
(7) To the attorney of the detained person.
The fact of admission, as well as all records, files, evidence, findings, or orders made, prepared, collected, or
maintained pursuant to this chapter shall not be admissible as evidence in any legal proceeding outside this
chapter without the written consent of the person who
was the subject of the proceeding. The records and files
maintained in any court proceeding pursuant to this
chapter shall be confidential and available subsequent
to such proceedings only to the person who was the
subject of the proceeding or his attorney. In addition,
the court may order the subsequent release or use of
such records or files only upon good cause shown if the
court finds that appropriate safeguards for strict confidentiality are and will be maintained. [ 1975 1st ex.s. c
199 § 10; 1974 ex.s. c 145 § 27; 1973 1st ex.s. c 142 §
44.]
71.05.525 Transfer of person committed to juvenile
correction institution to institution or facility for mentally
ill juveniles. When, in the judgment of the department
of social and health services, the welfare of any person
committed to or confined in any state juvenile correctional institution or facility necessitates that such a person be transferred or moved for observation, diagnosis
or treatment to any state institution or facility for the
care of mentally ill juveniles the secretary, or his designee, is authorized to order and effect such move or
transfer: Provided, however, That the secretary shall
adopt and implement procedures to assure that persons
so transferred shall, while detained or confined in such
institution or facility for the care of mentally ill juveniles, be provided with substantially similar opportunities
for parole or early release evaluation and determination
as persons detained or confined in state juvenile correctional institutions or facilities: Provided, further, That
the secretary shall notify the original committing court
of such transfer. [1975 1st ex.s. c 199 § 12.]
Title 72
STATE INSTITUTIONS
[1975 RCW Supp--p 585)
Title 72:
Title 72
State Institutions
Chapters
72.19 Juvenile correctional institution in King county.
72.23 Public and private facilities for mentally ill.
72.33 State residential schools--Residential placement, etc.
72.36 Soldiers' and veterans' homes.
72.40 State schools for blind and deaf.
72.99 Bond acts.
Chapter 72.19
JUVENILE CORRECTIONAL INSTITUTION IN
KING COUNTY
Sections
72.19.100
General obligation bond issue to provide buildingsJuvenile correctional institution building bond redemption fund-Payment from and prior charge on
retail sales tax.
72.19.100 General obligation bond issue to provide
buildings--Juvenile correctional institution building
bond redemption fund--Payment from and prior
charge on retail sales tax. The juvenile correctional institution building bond redemption fund is hereby created in the state treasury, which fund shall be
exclusively devoted to the payment of interest on and
retirement of the bonds authorized by RCW 72.19.070
through 72.19.130. 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 bond retirement and interest requirements and the state treasurer shall thereupon deposit
such amount in said juvenile correctional institution
building bond redemption fund from moneys transmitted to the state treasurer by the department of revenue
and certified by the department of revenue to be sales
tax collections and such amount certified by the state
finance committee to the state treasurer shall be a prior
charge against all retail sales tax revenues of the state of
Washington, except that portion thereof heretofore
pledged for the payment of bond principal and interest.
The owner and holder of each of said bonds or the
trustee for any of the bonds may by mandamus or other
appropriate proceeding require and compel the transfer
and payment of funds as directed herein. [1975 1st ex.s.
c 278 § 35; 1963 ex.s. c 27 § 4.]
Construction-Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Chapter 72.23
PUBLIC AND PRIVATE FACILITIES FOR
MENTALLY ILL
Sections
72.23.070
Voluntary patients-Right to receive-Application-Review of condition and status--Minors,
commitment procedure and requirements, rights.
72.23.070
Voluntary patients--Right to receive-Application--Review of condition and status--Minors, commitment procedure and requirements,
rights. Pursuant to rules and regulations established by
the department, a public or private facility may receive
(1975 RCW Supp--p 586)
any person who is a suitable person for care and treatment as mentally ill, or for observation as to the existenc~ o~ mental illness, upon the receipt of a written
apphcat10n of the person, or others on his behalf. in
accordance with the following requirements:
(1) In the case of a person eighteen years of age or
over, the application shall be voluntarily made by the
person:
(2) In the case of a person thirteen years of age or
under, the application may be voluntarily made by his
parents, or by the parent, conservator, guardian, or
other person entitled to his custody. When such person
is more than thirteen years of age, such application
must be accompanied by the written consent, knowingly and voluntarily given, of the minor. All such voluntary applications to a public agency shall be reviewed
by the county mental health professionals, who shall
submit a written report and evaluation with recommendations to the superintendent of such facility to which
such application is made stating whether treatment is
necessary and proper on a voluntary basis and evaluating the reasons for voluntary commitment. Such person's condition and status shall be reviewed by the
professional person in charge of the facility or his designee at least once each one hundred eighty days. A
person under eighteen years of age received into a public facility as a voluntary patient shall not be retained
after he reaches eighteen years of age, but such person,
upon reaching eighteen years of age, may apply for admission into a public or private facility as a voluntary
patient.
(3) No minor over thirteen years of age shall be involuntarily committed to a state or private facility for
care and treatment as mentally disordered, or for observation as to the existence of mental disorder, except
in accordance with the following requirements:
(a) The facility must be certified by the department of
social and health services to provide evaluation and
~reatment to persoi:is under eighteen years of age suffermg from mental disorders: Provided, That a physically
separate and separately operated portion of a state hospital may be designated as an evaluation and treatment
facility: Provided further, That a facility which is part
of, or a part of, or operated by, the department of social
and health services or any federal agency will not require certification.
(b) A petition shall be filed with the juvenile court by
the per~on's .parent, parents, conservator, guardian, or
by the juvemle court itself. The petition shall set forth
the re~sons why commitment is necessary and what al~erna~1ve courses of treatment have been explored. The
JUVemle court shall then conduct a hearing, at which the
person under eighteen years of age shall be represented
by an attorney, to determine whether commitment is
clearly_ in the best interests of the person sought to be
committed, and that no less restrictive alternative exists: Provided, That, if in the opinion of the designated
~ou~ty mei:ital_ health professional a minor presents an
immment hkehhood of serious harm to himself or others, he may be t~mporarily ~~tained ~or up to seventy~wo h_ours by a licensed fac1hty pendmg petition to the
JUVemle court for further commitment.
State Residential Schools, Placement
(c) If the juvenile court determines that commitment
is clearly necessary, it will issue an order approving
such petition. If the juvenile court determines that a less
restrictive alternative is desirable, it may order that alternatives be followed.
(d) If a person under the age of eighteen years is
committed to a state or private facility pursuant to this
section, the juvenile court recommending commitment
shall require a report from the facility every one hundred eighty days that sets forth such facts as the juvenile court may require. Upon receipt of the report, the
juvenile court shall undertake a review of the status of
such person to determine whether or not it is still clearly in the best interests of the patient that he remain in
the facility. If the juvenile court determines that further
commitment is not clearly in the best interests of the
patient, it shall order release upon such conditions as it
deems necessary.
(e) Every person under the age of eighteen shall have
all the rights provided for persons eighteen years of age
or over under this chapter as now or hereafter amended
except those rights specifically modified by this section:
Provided, That the juvenile court rather than the superior court shall be responsible for any proceedings. A
voluntarily adm_itted minor over thirteen years of age
shall have the nght to release on the next judicial day
fro~ the date of request unless a petition is filed in juvenile court by the professional person in charge of the
facility or his designee on the grounds that the juvenile
is dangerous to himself or others or that it would be in
the best interests of the juvenile that he remain in the
facility. Furthermore, should the patient and his parent,
parents, conservator, or guardian both request his release, he shall be immediately released unless the pro~ession.al per.son i.n. charge of the facility objects
immediately m wntmg to the juvenile court on the
grounds that the person is dangerous to himself or others and that it would not be in the patient's best interests to be released. Should this occur, the juvenile court
shall hold a hearing on the issue within five judicial
days and determine whether the person should be
released.
(f) Nothing in this section shall prohibit the profession~! per~on in charge of the facility in which the person 1s bemg treated from releasing him at any time
when, in the opinion of said professional person, further
commitment would no longer be in the best interests of
the patient.
Whenever a person is released by the professional
person in charge of a facility under this section, said
person shall, in writing, notify the juvenile court which
committed the person for treatment.
(4) In the case of a person eighteen years of age or
over for whom a conservator or guardian of the person
ha.s been appointed, such application shall be made by
said conservator or guardian, when so authorized by
proper court order in the conservatorship or guardianship proceedings. [ 1975 1st ex.s. c 199 § 11; 1974 ex.s. c
145 § 3; 1973 2nd ex.s. c 24 § 1; 1973 1st ex.s. c 142 §
4; 1971 ex.s. c 292 § 50; 1959 c 28 § 72.23.070. Prior:
1951c139 § 11; 1949 c 198 § 19, part; Rem. Supp. 1949
§ 6953-19, part. Formerly RCW 71.02.030.]
72.33.020
Severability-Construction--Effective date--1973 1st ex.s. c
142: See RCW 71.05.900-71.05.930.
Severability--1971 ex.s. c 292: See note following RCW
26.28.010.
Involuntary commitment procedure: Chapter 71.05 RCW.
Mental illness: Chapter 71.05 RCW.
Chapter 72.33
STATE RESIDENTIAL SCHOOLSRESIDENTIAL PLACEMENT, ETC.
Sections
72.33.020
72.33.120
72.33.125
72.33.130
72.33.140
72.33.150
72.33.160
72.33.165
72.33.170
72.33.200
72.33.220
72.33.240
Definitions.
Repealed.
Services or facilities as alternative to state residential
schools-Application--Deterrnination of
eligibility.
Admission to suitable facility------Commitment by court.
Withdrawal of resident from school or other residential
placement-Placement, discharge basis.
Preventing withdrawal from residential custody-Procedure.
Return of resident to community-Placement.
Payments for nonresidential services--Authorized.
Discharge procedure.
Department not responsible until person is resident of
school or other state operated facility.
Transfer of resident between schools and other residential placements.
Review of secretary's decision------Court review.
72.33.020 Definitions. As used in this chapter, unless
the context requires otherwise:
(1) "Mental deficiency" is a state of subnormal development of the human organism in consequence of
which. the individual affected is mentally incapable of
assummg those responsibilities expected of the socially
adequate person such as self-direction, self-support and
social participation.
~2) "Physical deficiency" is a state of physical impa1~ment ~f ~h~ human organism in consequence of
which. the md1v1dual affected is physically incapable of
assummg those responsibilities expected of the socially
ade.quate ~e:son_ such as self-direction, self-support and
social part1c1pat1on.
. (3) "Parent" is the pe.rson or persons having the legal
nght to ~ustody of a child by reason of kinship by birth
or adoption.
(4) "State school" shall mean any residential school
of the department established, operated and maintained
by the state of Washington for the education, guidance,
care'. treatment. and rehabilitation of mentally and/or
physically deficient persons as defined herein.
(5) "Resident of a state school" shall mean a person,
who~e _mental and/or physical involvement requires the
spec1ahzed care, treatment and educational instruction
therein provided, and who has been admitted upon parental or guardian's application, or found in need of
residential care by proper court and duly received.
(6) "Court" shall mean the superior court of the state
of Washington.
(7) "Division'' shall mean the division of children and
youth services of the department of institutions or its
successor.
(1975 RCW Supp--p 587)
72.33.020
Title 72:
State Institutions
(8) "Resident of the state of Washington" shall mean
a person who has acquired his domicile in this state by
continuously residing within the state for a period of
not less than one year before application for admission
is made: Provided, That the residence of an unemancipated minor shall be imputed from the residence of the
parents if they are living together, or from the residence
of the parent with whom the child resides, and if the
parental rights and responsibilities regarding a minor
have been transferred by the court, then the residence
of such minor shall be imputed from the person to
whom such have been awarded.
(9) "Superintendent" shall mean the superintendent
of Lakeland Village, Rainier school and other like residential schools that may be hereafter established.
(10) "Custody" shall mean immediate physical attendance, retention and supervision.
(11) "Placement" shall mean an extramural status for
the resident's best interests granted after reasonable notice and consultation with the parents or guardian and
such resident.
(12) "Discharge" shall mean the relinquishment by
the state of all rights and responsibilities it may have
acquired by reason of the acceptance for admission of
any resident.
(13) "Residential placement" is any out-of-home
placement providing domiciliary type care among other
services for which the state makes payment in whole or
in part including, but not limited to, state residential
schools, group homes, group training homes, boarding
homes and nursing homes, but does not include placement in a state juvenile or adult correctional facility
without consultation as provided for in RCW 72.33.160.
(14) "Domiciliary care services'' shall mean the furnishing of necessary room, board, laundry, clothing,
housekeeping, and other personal care services.
( 15) "Secretary" means the secretary of social and
health services or his designee. [1975 1st ex.s. c 246 § 1;
1973 1st ex.s. c 154 § 101; 1959 c 28 § 72.33.020. Prior:
1957 c 102 § 2.]
Severability-1973 1st ex.s. c 154: See note following RCW
2.12.030.
72.33.120 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
72.33.125 Services or facilities as alternative to state
residential schools-Application--Determination of
eligibility. (1) In order to provide ongoing points of
contact with the mentally deficient and/or physically
deficient individual and his family so that they may
have a place of entry for state services and return to the
community as the need may appear; to provide a link
between those individuals and services of the community and state operated services so that the individuals
with mental or physical deficiencies and their families
may have access to the facilities best suited to them
throughout the life of the individual; to offer viable alternatives to state residential school admission; and to
encourage the placement of persons from state residential schools, the secretary of social and health services
or his designee, pursuant to rules and regulations of the
(1975 RCW Sup~ 588)
department, shall receive applications of persons for
care, treatment, hospitalization, support. training, or rehabilitation provided by state programs or services for
the mentally and/or physically deficient. Written applications shall be submitted in accordance with the following requirements:
(a) In the case of a minor person, the application
shall be made by his parents or by the parent, guardian,
person or agency legally entitled to custody, which application shall be in the form and manner required by
the department; and
(b) In the case of an adult person, the application
shall be made by such person, by his parents, or by a
parent, guardian, or agency legally entitled to custody,
which application shall be in the form and manner required by the department.
(2) Upon receipt of the written application the secretary shall determine if the individual to receive services
has a mental deficiency and/or a physical deficiency as
defined in RCW 72.33.020 qualifying him for services.
In order to determine eligibility for services, the secretary may require a supporting affidavit of a physician or
a clinical psychologist, or one of each profession, certifying that the individual is mentally and/or physically
deficient as herein defined.
(3) After determination of eligibility because of mental and/or physical deficiency, the secretary shall determine the necessary services to be provided for the
individual. Individuals may be temporarily admitted,
for a period not to exceed thirty days, to departmental
residential facilities for observation prior to determination of needed services, where such observation is necessary to determine the extent and necessity of services
to be provided. [1975 1st ex.s. c 246 § 2.]
72.33.130 Admission to suitable facility-Commitment by court. In the event a minor person under the
age of eighteen years shall be found under the juvenile
court law to be "dependent" or "delinquent" and mentally and/or physically deficient as herein defined, and
that placement for care, custody, treatment, or education in a state school is to the minor's welfare, the secretary shall receive such minor upon commitment from
the superior court pursuant to such terms and conditions as may therein be set forth for placement by the
department in a facility most appropriate to his needs,
subject to the provisions of RCW 72.33.070. [1975 lst
ex.s. c 246 § 3; 1959 c 28 § 72.33.130. Prior: 1957 c 102
§ 13. (i) 1913 c 173 § 2; RRS § 4660. (ii) 1937 c IO§ 9;
RRS § 4679-9.]
Juvenile courts and juvenile delinquents: Title 13 RCW.
72.33.140 Withdrawal of resident from school or other residential placement--Placement, discharge basis.
Subject to the provisions of RCW 72.33.150, as now or
hereafter amended, no person under the age of eighteen
years residing at a state school or in other residential
placement pursuant to RCW 72.33.125 shall be retained
therein for more than forty-eight hours after the parent
entitled to custody or the guardian has given notice of
their desire to remove such person from said state
school or facility unless held pursuant to court order.
State Residential Schools, Placement
Subject to the provisions of RCW 72.33.150 as now or
hereafter amended, no person over eighteen years residing at a state school or in other residential placement
pursuant to RCW 72.33.130 shall be retained therein for
more than forty-eight hours after said person, his
guardian, or his court appointed personal representative
entitled to custody has given notice of desire to remove
such person unless held pursuant to court order.
Such notice shall indicate to the superintendent or
other person in charge the proposed plan of future residence of such person and whether placement or discharge is desired. In the event withdrawal is upon a
placement basis, it shall be understood that readmission
will be available to the former resident if it is found
necessary to return such person to the school. In the
event withdrawal is upon a discharge basis it shall be
understood that application for readmission shall be
considered as if it were a first application. [1975 1st ex.s.
c 246 § 4; 1959 c 28 § 72.33.140. Prior: 1957 c 102 § 14.
(i) 1913 c 173 § 10; RRS § 4668. (ii) 1937 c IO § 20;
RRS § 4679-20.]
72.33.150 Preventing withdrawal from residential
custody--Procedure. Whenever it is deemed not to
the best interests of a resident that he should be removed from residential custody, the secretary shall
promptly file a petition in the probate department of
the superior court of the county of residence of such
person setting forth his reasons why continued residence is indicated.
If a petition is filed the department may continue its
custody over the individual for a period not to exceed
five days pending disposition of the petition or preliminary hearing as to temporary custody.
Upon due notice and hearing, the court shall resolve
the matter and in the event the person is found in need
of further residential care the court shall so order and
shall name a fit and proper person to serve as guardian
or other personal representative over the resident pursuant to state law if none has been previously named.
[1975 1st ex.s. c 246 § 5; 1959 c 28 § 72.33.150. Prior:
1957 c 102 § 15. (i) 1913 c 173 § 8; RRS § 4666. (ii)
1937 c 10 § 14; RRS § 4679-14.]
72.33.160 Return of resident to community-Placement. Whenever in the judgment of the secretary,
the treatment and training of any resident of a state
residential school has progressed to the point that it is
deemed advisable to return such resident to the community, the secretary may grant placement on such
terms and conditions as he may deem advisable after
reasonable notice to and consultation with the resident,
and with any available parent, guardian, or other court
appointed personal representative of such person.
The department of social and health services shall
periodically evaluate at reasonable intervals the adjustment of the resident to the placement to determine
whether the resident should be continued in the placement or returned to the institution or given a different
placement. [1975 1st ex.s. c 246 § 6; 1969 ex.s. c 166 §
4; 1959 c 28 § 72.33.160. Prior: 1957 c 102 § 16.]
72.33.240
Effective date--1969 ex.s. c 166: July I, 1969, see note following
RCW 72.33.830.
72.33.165 Payments for nonresidential services-Authorized. The secretary of social and health services
is authorized to make payments for nonresidential services which exceed the cost of caring for an average individual at home, and which are reasonably necessary
for the care, treatment, maintenance, support, and
training of mentally and/or physically deficient persons,
upon application pursuant to RCW 72.33.125. The department shall adopt rules and regulations determining
the extent and type of care and training for which the
department will pay all or a portion of the costs. [1975
1st ex.s. c 246 § 11.]
72.33.170 Discharge procedure. Whenever in the
judgment of the secretary a person no longer needs the
services provided by the department for mentally
and/or physically deficient persons, he may be discharged from services after reasonable notice and consultation with the person to be discharged and any
available parent, guardian, or other court appointed
personal representative. [1975 !st ex.s. c 246 § 7; 1959 c
28 § 72.33.170. Prior: 1957 c 102 § 17.]
72.33.200 Department not responsible until person is
resident of school or other state operated facility. The
department shall not be responsible for the support,
welfare or actions of any person until such person is
admitted to a residential school or other state operated
facility for services pursuant to RCW 72.33.125. [ 1975
1st ex.s. c 246 § 8; 1959 c 28 § 72.33.200. Prior: 1957 c
102 § 20.]
72.33.220 Transfer of resident between schools and
other residential placements. Whenever it appears to
serve the best interests of the resident concerned, the
department, after consultation as provided for in RCW
72.33.160, shall have authority to transfer such resident
between state schools and other residential placements
conducting or having access to the type of program
contemplated by this chapter. [1975 1st ex.s. c 246 § 9;
1959 c 28 § 72.33.220. Prior: 1957 c 102 § 22.]
72.33.240 Review of secretary's decision-Court
review. Any parent or guardian feeling aggrieved by an
adverse decision pertaining to admission, placement, or
discharge of his ward may apply to the secretary in
writing within thirty days of notification of the decision
for a review and reconsideration of the decision. An
administrative hearing shall be held within ten days
from the date of receipt of the written request for review. In the event of an unfavorable ruling by the secretary, such parent or guardian may institute
proceedings in the superior court of the state of
Washington in the county of residence of such parent
or guardian, otherwise in Thurston county, and have
such decision reviewed and its correctness, reasonableness, and lawfulness decided in an appeal heard as in
initial proceeding on an original application. Said parent or guardian shall have the right to appeal from the
decision of the superior court to the supreme court or
[1975 RCW Supp---p 589)
72.33.240
Title 72:
State Institutions
the court of appeals of the state of Washington, as in
ci\ilcases.(19751stex.s.c246§ 10; 1971c81§135;
1959 c 28 § 72.33.240. Prior: 1957 c 102 § 24.]
Chapter 72.36
SOLDIERS' AND VETERANS' HOMES
Sections
72.36.030
72.36.080
Who may be admitted.
Who may be admitted to veterans' home.
72.36.030 Who may be admitted. All honorably discharged soldiers, sailors and marines who have served
the United States government in any of its wars, and
members of the state militia disabled while in the line of
duty, may be admitted to the state soldiers' home at
Orting under such rules and regulations as may be
adopted by the department: Provided, That such applicants have been actual bona fide citizens of this state at
the time of their application, and are indigent and unable to support themselves: Provided, further, That sufficient facilities and resources are available to
accommodate such applicant. (1975 c 13 § I; 1959 c 28
§ 72.36.030. Prior: 1915 c 106 § 1; 1911 c 124 § 1; 1905
c 152 § l; 1901 c 167 § 2; 1890 p 270 § 2; RRS §
10729.]
72.36.080 Who may be admitted to veterans' home.
All of the following persons who have been actual bona
fide residents of this state at the time of their application, and who are indigent and unable to earn a support
for themselves and families may be admitted to the
Washington veterans' home under such rules and regulations as may be adopted by the director: Provided,
That sufficient facilities and resources are available to
accommodate such person:
( 1) All honorably discharged veterans of the armed
forces of the United States who have served the United
States in any of its wars, and members of the state militia disabled while in the line of duty, and the spouses
of such veterans, and members of the state militia: Provided, That such spouse was married to and living with
such veteran on or before three years prior to the date
of application for admittance, or, if married to him or
her since that date, was also a member of a soldiers'
home or colony in this state or entitled to admission
thereto.
(2) The spouses of all soldiers, sailors, and marines
and members of the state militia disabled while in the
line of duty, who were members of a soldiers' home or
colony in this state or entitled to admission thereto at
the time of death, and spouses of all such soldiers, sailors, and marines and members of the state militia, who
would have been entitled to admission to a soldiers'
home or colony in this state at the time of death but for
the fact that they were not indigent and unable to earn
a support for themselves and families, which spouses
have since the death of their husbands or wives, become
indigent and unable to earn a support for themselves:
Provided, That such spouses are not less than fifty years
of age and were married and living with their husbands
or wives on or before three years prior to the date of
[1975 RCW Supp---p 5901
their application, and have not been married since the
decease of their husbands or wives to any person not a
member of a soldiers' home or colony in this state or
entitled to admission thereto. (1975 c 13 § 2; 1973 !st
ex.s. c 154 § 104; 1959 c 28 § 72.36.080. Prior: 1955 c
104 § I; 1927 c 276 § 2; 1915 c 106 § 4; RRS § 10732.]
Severability-1973 1st ex.s. c 154: See note following RCW
2.12.030.
Commitment to veterans administration or other federal agency:
RCW 73.36.165.
Chapter 72.40
STATE SCHOOLS FOR BLIND AND DEAF
Sections
72.40.060
72.40.070
72.40.080
72.40.090
72.40.100
Duty of school district clerks.
Duty of educational service district superintendents.
Duty of parents.
Expense of transportation.
Penalty.
72.40.060 Duty of school district clerks. It shall be
the duty of the clerks of all school districts in the state,
at the time for making the annual reports, to report to
the superintendent of their respective educational service districts the names of all deaf, mute, or blind youth
residing within their respective school districts who are
between the ages of six and twenty-one years. (1975 1st
ex.s. c 275 § 151; 1969 ex.s. c 176 § 97; 1959 c 28 § 72.40.060. Prior: 1909 c 97 p 258 § 6; 1897 c 118 § 252;
1890 p 497 § 1; RRS § 4650.]
Effective date----1969 ex.s. c 176: The effective date of this section,
RCW 72.40.070, 72.40.080 and 72.40.100 was April 25, 1969.
Rights preserved-Severability-1969 ex.s. c 176: See notes
following RCW 28A.21.010.
Superintendent's duties: RCW 28A.58.150.
72.40.070 Duty of educational service district superintendents. It shall be the duty of each educational
service district superintendent to make a full and specific report of such deaf, mute, or blind youth to the
board of county commissioners of the county in which
the youth resides at its regular meeting in July of each
year. He shall also, at the same time, transmit a duplicate copy of such report to the director and the superintendent of the school for the blind or the school for
the deaf, as the case may be. [1975 1st ex.s. c 275 § 152;
1969 ex.s. c 176 § 98; 1959 c 28 § 72.40.070. Prior: 1909
c 97 p 259 § 7; 1897 c 118 § 253; 1890 p 497 § 2; RRS §
4651.]
Effective date-1969 ex.s. c 176: See note following RCW
72.40.060.
Rights preserved-Severability-1969 ex.s. c 176: See notes
following RCW 28A.21.010.
Educational service districts-Superintendents-Boards: Chapter
28A.21 RCW.
72.40.080 Duty of parents. It shall be the duty of the
parents or the guardians of all such blind or deaf youth
to send them each year to the proper institution. The
educational service district superintendent shall take all
ac~ion ne~ess~ry to enforce this se~tion. If satisfactory
evidence is laid before the educat10nal service district
superintendent that any blind or deaf youth is being
72.99.120
Bond Acts
properly educated at home or in some suitable institution other than the state schools, he shall take no action
in such case other than to make a record of such fact,
and take such steps as may be necessary to satisfy himself that such defective youth will continue to receive a
proper education. [ 1975 1st ex.s. c 275 § 153; 1969 ex.s.
c 176 § 99; 1959 c 28 § 72.40.080. Prior: 1909 c 97 p 259
§ 8; 1897 c 118 § 254; 1890 p 498 § 3; RRS § 4652.]
Effective date-1969 ex.s. c 176: See note following RCW
72.40.060.
Rights preserved-Severability-1969 ex.s. c 176: See notes
following RCW 28A.21.0IO.
Handicapped children. parental responsibility, commitment: Chapter
26.40RCW.
72.40.090 Expense of transportation. If it appears to
the satisfaction of the board of county commissioners
that the parents of any such blind or deaf youth within
their county are unable to bear the expense of transportation to and from the state schools, it shall send
them to and return them from the schools or maintain
them there during vacation at the expense of the county. Nothing in this section shall be construed as prohibiting the department from authorizing or incurring such
travel expenses for the purpose of transporting such
blind or deaf youth to and from points within this state
during weekends and/or vacation periods. For the purposes of this section, the department shall impose no
conditions upon parents or guardians specifying the
number of weekends such persons shall take custody of
deaf and blind students. [ 1975 c 51 § 1; 1959 c 28 § 72.40.090. Prior: 1909 c 97 p 259 § 9; 1899 c 142 § 28;
1899 c 81 § 2; 1897 c 118 § 255; RRS § 4653.]
72.40.100 Penalty. Any parent, guardian, educational service district superintendent or county commissioner who, without proper cause, fails to carry into
effect the provisions of this chapter shall be guilty of a
misdemeanor, and upon conviction thereof, upon the
complaint of any officer or citizen of the county or
state, before any justice of the peace or superior court,
shall be fined in any sum not less than fifty nor more
than two hundred dollars. [1975 1st ex.s. c 275 § 154;
1969 ex.s. c 176 § 100; 1959 c 28 § 72.40.100. Prior:
1909 c 97 p 259 § 10; 1897 c 118 § 256; 1890 p 498 § 5;
RRS § 4654.]
Effective date-1969 ex.s. c 176: See note following RCW
72.40.060.
Rights preserved-Severability-1969 ex.s. c 176: See notes
following RCW 28A.21.0IO.
Chapter 72.99
BOND ACTS
Sections
72.99.040
GENERAL OBLIGATION BOND ACT-1949
Institutional building bond redemption fund createdPurpose-Deposits--Priority as to sales tax revenue--Enforcement.
72.99.120
ST ATE BUILDING CONSTRUCTION ACT
State building construction bond redemption fundPurpose, deposits--Priority as to sales tax revenue.
72.99.200
GENERAL OBLIGATION BOND ACT-1957
Institutional building bond redemption fund--Purpose, deposits-Priority as to sales tax revenueEnforcement.
GENERAL OBLIGATION BOND ACT-1949
72.99.040 Institutional building bond redemption
fund created--Purpose--Deposits--Priority as to
sales tax revenue--Enforcement. The institutional
building bond redemption fund is hereby created in the
state treasury, which fund shall be exclusively devoted
to the payment of interest on and retirement of the
bonds authorized by RCW 72.99.010 through 72.99.060.
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
bond retirement and interest requirements and the state
treasurer shall thereupon deposit such amount in said
institutional building bond redemption fund from moneys transmitted to the state treasurer by the department
of revenue and certified by the department of revenue
to be sales tax collections and such amount certified by
the state finance committee to the state treasurer shall
be a first and prior charge against all retail sales tax
revenues of the state of Washington.
The owner and holder of each of said bonds or the
trustee for any of the bonds may by mandamus or other
appropriate proceeding require and compel the transfer
and payment of funds as directed herein. [1975 lst ex.s.
c 278 § 36; 1949 c 230 § 4; No RRS.]
Construction--Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Institutional building bond redemption fund, 1957 act: RCW
72.99.200.
Mandamus, generally: Chapter 7.16 RCW.
State finance committee: Chapter 43.33 RCW.
STATE BUILDING CONSTRUCTION ACT
72.99.120 State building construction bond redemption fund--Purpose, deposits--Priority as to sales
tax revenue. There is hereby created in the state treasury a special fund to be known as the state building
construction bond redemption fund, which fund shall
be exclusively devoted for the retirement of said bonds
upon maturity and the payment of interest as it falls
due. 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
bond retirement and interest requirements, and the
state treasurer shall thereupon deposit such amount in
said state building construction bond redemption fund
from moneys transmitted to the state treasurer by the
department of revenue and certified by the department
of revenue to be sales tax collections, and such amount
certified by the state finance committee to the state
treasurer shall be a prior charge against all retail sales
tax revenues of the state of Washington, subject to and
inferior only to the charges thereon created by chapters
229 and 230, Laws of 1949 [RCW 28A.47.130-28A.47.180 and 72.99.010-72.99.060]. Said bond redemption
(1975 RCW Supp--p 591)
72.99.120
Title 72:
State Institutions
fund shall be kept segregated from all moneys in the
state treasury and shall. while any of such bonds or interest thereon remains unpaid, be available solely for
the payment thereof. As a part of the contract of sale of
the bonds herein authorized, the state undertakes to
continue to levy and collect a tax on retail sales equal
to that portion thereof allocated to said fund as provided in RCW 72.99.070 through 72.99.160, and to place
the proceeds thereof in the state building construction
bond redemption fund and to make said fund available
to meet said payments when due until all bonds and the
interest thereon authorized under RCW 72.99.070
through 72.99.160 shall have been paid. [1975 1st ex.s. c
278 § 37; 1957 c 298 § 6.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
GENERAL OBLIGATION BOND ACT-1957
73.16.010 Preference in public employment. ln every
public department, and upon all public works of the
state, and of any county thereof, honorably discharged
soldiers, sailors, and marines who are veterans of any
war of the United States, or of any military campaign
for which a campaign ribbon shall have been awarded,
and their widows or widowers, shall be preferred for
appointment and employment. Age, loss of limb, or
other physical impairment, which does not in fact incapacitate, shall not be deemed to disqualify them, provided they possess the capacity necessary to discharge
the duties of the position involved: Provided, That
spouses of honorably discharged veterans who have a
service connected permanent and total disability shall
also be preferred for appointment and employment.
[1975 lst ex.s. c 198 §I; 1973 1st ex.s. c 154 § 107; 1951
c29§ l; 1943c 141§I;1919c26§ I; 1915c 129§ I;
1895 c 84 § 1; Rem. Supp. 1943 § 10753.]
Severability-1973 1st ex.s. c 154: See note following RCW
72.99.200 Institutional building bond redemption
fund--Purpose, deposits--Priority as to sales tax
revenue--Enforcement. The institutional building
bond redemption fund is hereby created in the state
treasury, which fund shall be exclusively devoted to the
payment of interest on and retirement of the bonds authorized by RCW 72.99.170 through 72.99.220. 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 bond retirement and interest requirements and the state treasurer shall thereupon deposit such amount in said
institutional building bond redemption fund from moneys transmitted to the state treasurer by the department
of revenue and certified by the department of revenue
to be sales tax collections and such amount certified by
the state finance committee to the state treasurer shall
be a prior charge against all retail sales tax revenues of
the state of Washington, except that portion thereof
heretofore pledged for the payment of bond principal
and interest.
The owner and holder of each of said bonds or the
trustee for any of the bonds may by mandamus or other
appropriate proceeding require and compel the transfer
and payment of funds as directed herein. [1975 1st ex.s.
c 278 § 38; 1957 c 299 § 4.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Title 73
VETERANS AND VETERANS' AFFAIRS
Chapters
73.16 Employment and reemployment.
73.34 Veterans' bonus-1972 act.
Chapter 73.16
EMPLOYMENT AND REEMPLOYMENT
Sections
73.16.010
Preference in public employment.
(1975 RCW Supp----p 592)
2.12.030.
Veterans to receive preference status in competitive examinations for
public employment: RCW 41.04.010.
Chapter 73.34
VETERANS' BONUS-1972 ACT
Sections
73.34.020
73.34.090
73.34.120
Compensation authorized-Amount and to whom
payable-Election to receive tuition, fees, etc., from
educational institutions in lieu of bonus.
Free official service-Discounting certificatesPenalty.
Terminal dates for filing claims-Applications.
73.34.020 Compensation authorized--Amount and
to whom payable-Election to receive tuition, fees,
etc., from educational institutions in lieu of bonus. (I)
There shall be paid to each person who has received the
Viet Nam Service Medal or Armed Forces Expeditionary Medal (Viet Nam) or who has been on active federal service as a member of the armed military or naval
forces of the United States between a period commencing August 5, 1964, and March 28, 1973, and who has
been honorably separated or discharged from such
se~vice, and who for a period of one year immediately
pnor to the date of his entry into such service was a
bona fide citizen or resident of the state of Washington,
for such service between said dates the sum of two
hundred fifty dollars for service in the Viet Nam combat zone and said person received the Viet Nam Service
Medal or Armed Forces Expeditionary Medal (Viet
Nam): Provided however, That persons otherwise eligible who have been continuously in said armed services
for a period of five years or more immediately prior to
Au~ust 5, 1964, shall not be eligible to receive compensat10n under the terms of this chapter, except that
POW's, dependents of MIA's and survivors of those
persons who have been continuously in said armed
services for a period of five years or more immediately
prior to August 5, 1964, shall be eligible to receive
compensation under the terms of this chapter: Provided
further, That persons otherwise eligible who were on
74.09.120
Medical Care
active duty for training only, excepting persons who received the Viet Nam Service Medal or Armed Forces
Expeditionary Medal (Viet Nam), shall not be eligible
to receive compensation under the terms of this chapter: And provided further, That persons who have already received extra compensation or other benefits
based upon claimed residence at the time of entry into
such active service from any other state or territory
shall not be entitled to compensation under this chapter: And provided further, That no person shall be eligible to receive compensation under this chapter having
prior thereto applied for and received compensation
hereunder.
(2) In lieu of awaiting receipt of the stated money
amounts as provided in subsection (I) above, any qualified person may elect to receive credit for tuition, incidental fees or other fees in such amount at any state
institution of higher education, including community
colleges and vocational technical institutions, or at private institutions of higher education within the state,
such credit to be immediately available upon the processing of such person's claim for a bonus under this
chapter; institutions of higher education entering into
this program under this chapter shall be reimbursed at
such time as the bonus payment would otherwise be
made.
(3) In case of the death of any such person prior to
said termination date as referred to in subsection (I)
above, or at such time as such person would have been
eligible for benefits hereunder, an equal amount shall be
paid to his surviving widow if not remarried at the time
compensation is requested, or in case he left no widow
or in case his widow remarried and he has left children,
then to his surviving children, or in the event he left no
widow eligible for payment hereunder, or children surviving on such date, then to his surviving parent or
parents, or in the event he left no widow eligible for
payment hereunder, or children surviving on such date,
or parent or parents surviving on such date, then to his
surviving grandparent or grandparents: Provided, however, That no such parent who has been deprived of
custody of such child by a decree of a court of competent jurisdiction shall be entitled to any compensation
under this chapter. Where a preceding beneficiary fails
to file a proper claim for compensation before the final
date set by this chapter, succeeding beneficiaries who
have filed proper claims before such final date may
proceed to qualify upon submission of satisfactory
proof of eligibility. Widows, children, or parents of persons missing in action or prisoners of war may file
claims for compensation as authorized by this chapter
and in the same order as claims for deceased veterans.
Any compensation paid to a beneficiary pursuant to
this subsection shall be complete settlement and satisfaction of any claim thereafter made on behalf of the
person or by the person himself. [1975 1st ex.s. c 273 §
1; 1972 ex.s. c 154 § 2.]
73.34.090 Free official service-Discounting certificates--Penalty. No charge shall be made by any
agent, notary public, or attorney for any service in connection with obtaining a certificate to obtain the allowance provided for by this chapter, and no person shall,
for a consideration, discount or attempt to discount, or
for a consideration, advance money upon any certificate
or certificates issued pursuant to this chapter. No claim
for payment under this chapter shall be subject to garnishment, attachment, levy, or execution. Any violation
of this section shall be a gross misdemeanor. [ 1975 I st
ex.s. c 273 § 2; 1972 ex.s. c 154 § IO.]
73.34.120 Terminal dates for filing claims--Applications. No certificate or claim for compensation under
this chapter shall be accepted after March 28, 1976. No
warrant shall be drawn for the payment of any compensation authorized by this chapter unless a formal
application has been filed as set forth above.
The state treasurer and his authorized agents shall
have until December 31, 1976, to process all applications filed pursuant to this chapter and microfilm all records pertaining thereto. [1975 1st ex.s. c 273 § 3; 1974
ex.s. c 173 § 2; 1972 ex.s. c 154 § 13.]
Title 74
PUBLIC ASSISTANCE
Chapters
74.09 Medical care.
74.13 Child welfare services.
74.16 Aid to blind persons.
74.17 Blind persons--Vending facilities in public
buildings.
Chapter 74.09
MEDICAL CARE
Sections
74.09.120
Purchases of services, care, supplies-RegulationsInspection.
74.09.120 Purchases of services, care, supplies-Regulations--Inspection. The department shall purchase necessary physician and dentist services by contract or "fee for service." The department shall
purchase hospital care by contract or by all inclusive
day rate, or at a reasonable cost based on a ratio of
charges to cost. Any hospital when requested by the
department shall supply such information as necessary
to justify its rate, charges or costs. All additional services provided by the hospital shall be purchased at rates
established by the department after consultation with
the hospital. The department shall purchase nursing
home care by contract. The department shall establish
regulations for reasonable nursing home accounting
and reimbursement systems which recognize relevant
cost related factors for department of social and health
services patients, including but not limited to the scope
or level of services or care, requirements of staff, and
(1975 RCW Supp---p 593)
74.09.120
Title 74:
Public Assistance
ph~sical
plant. and a reasonable rate of return on in\'estment: said formula shall provide that no payment
shall be made to a nursing home which does not permit
inspection by the department of social and health services of every part of its premises and an examination of
all records, including financial records, methods of administration, general and special dietary programs, the
disbursement of drugs and methods of supply, and any
other records the department deems relevant to the establishment of such a system.
All other services and supplies provided under the
program shall be secured by contract. [1975 1st ex.s. c
213 § 1; 1967 ex.s. c 30 § 1; 1959 c 26 § 74.09.120. Prior: 1955 c 273 § 13.]
The secretary may also deposit in such account and
disburse therefrom all gifts and grants from any nonfederal source, including public and private foundations, which may be used for the program of adoption
support authorized by RCW 26.32.115 and 74.13.100
through 74.13.145. [1975 c 53 § I: 1973 c 61 § 1: 1971
ex.s. c 63 § 3.]
Purchasing by state departments: RCW 43.19.200.
Sections
74.16.310
Chapter 74.13
CHILD WELFARE SERVICES
74.13.142 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
Chapter 74.16
AID TO BLIND PERSONS
Repealed.
74.16.310 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
Sections
ADOPTION SUPPORT DEMONSTRATION ACT OF 1971
74.13. 106
Adoption support account-Created-SourceUse-Federal funds-Gifts and grants.
74.13.142
Repealed.
ADOPTION SUPPORT DEMONSTRATION ACT
OF 1971
74.13.106 Adoption support account--Created-Source-Use-Federal funds--Gifts and grants.
All fees paid for adoption services pursuant to RCW
26.32.115 and 74.13.100 through 74.13.145 shall be
credited to an adoption support account, hereby created, in the general fund. Expenses incurred in connection with supporting the adoption of hard to place
children shall be paid by warrants drawn against such
account. The secretary may also from time to time
transfer to such account from appropriations available
to him for care of children in foster homes and childcaring institutions such sums as in his judgment will
further the purposes set forth in RCW 74.13.100. The
secretary may for such purposes, contract with any
public agency or licensed child placing agency and/or
adoptive parent and is authorized to accept funds from
other sources including federal, private and other public
funding sources to carry out such purposes.
The secretary shall actively seek, where consistent
with the policies and programs of the department, and
shall make maximum use of, such federal funds as are
or mav be made available to the department for the
purpo;e of supporting the adoption of hard to place
children. The secretary may, if permitted by federal law,
deposit federal funds for adoption support, aid to
adoptions, or subsidized adoption in the adoption support account of the general fund and may use such
funds, subject to such limitations as may be imposed by
federal law, to carry out the program of adoption support authorized by RCW 26.32.115 and 74.13.100
through 74.13.145.
f1975 RCW Supp--p 594)
Chapter 74.17
BLIND PERSONS-VENDING FACILITIES IN
PUBLIC BUILDINGS
Sections
74.17.010
74.17.020
74.17.030
74.17.040
Definitions.
Priority to blind persons.
Business enterprises revolving fund.
Rules and regulations-Existing facilities.
74.17.010 Definitions. The terms defined in this section shall have the indicated meanings when used in
this chapter.
(1) "Department" means the department of social
and health services.
(2) "Blind person'' means a person whose central visual acuity does not exceed 20/200 in the better eye
with correcting lenses or whose visual acuity, if better
than 20/200, is accompanied by a limit to the field of
vision in the better eye to such a degree that its widest
diameter subtends an angle of no greater than twenty
degrees. In determining whether an individual is blind
there shall be an examination by a physician skilled in
diseases of the eye, or by an optometrist, whichever the
individual shall select.
(3) "Licensee" means a blind person licensed by the
state of Washington pursuant to federal law, 49 Stat.
1559, as amended, 20 U.S.C. sec. 107, this chapter, and
the rules and regulations issued hereunder.
(4) "Public building" means any building owned by
the state of Washington or any political subdivision
thereof and any space leased by the state of
Washington or any political subdivision thereof in any
privately owned building and designated by the department as being appropriate for inclusion in the business
enterprises program: Provided, however, That any
vending facility or vending machine under the jurisdiction and control of another established state or local
board or authority responsible for its maintenance and
operation shall not be designated without the consent
and approval of such state or local board or authority.
75.08.230
Administration And Enforcement
(5) "Vending facility" means any vending stand, facility, cafeteria, or snack bar at which food, tobacco, or
sundries are offered for sale.
(6) "Vending machine" means any coin operated machine offering food, tobacco, or sundries for sale.
(7) "Business enterprises program" is that program
operated by the department pursuant to applicable federal law and this chapter in support of blind persons
operating vending businesses in public buildings. [ 1975
!st ex.s. c 251 § I.]
74.17.020 Priority to blind persons. (1) The department is authorized to license blind persons for the operation of vending facilities and machines on federal
property and in public buildings.
(2) The state, political subdivisions thereof, and
agencies of the state or political subdivisions thereof
shall give priority to licensees in the operation of vending facilities and machines in a public building. [ 1975
!st ex.s. c 251 § 2.]
74.17.030 Business enterprises revolving fund. (1)
There is established in the general fund an account
known as "the business enterprises revolving fund".
(2) The net proceeds from any vending machine operation in a public building, other than such an operation managed by a licensee, shall be made payable to
the business enterprises revolving fund. "Net proceeds",
for purposes of this section, shall mean the gross
amount received less the costs of the operation, including a fair minimum return to the operator, which return
shall not exceed a reasonable amount to be determined
by the department.
(3) All moneys in the business enterprises revolving
fund shall be expended only for equipment, services,
and payment to licensees in the business enterprises
programs. [1975 1st ex.s. c 251 § 3.]
74.17.040 Rules and regulations--Existing facilities. (I) The department shall promulgate rules and
regulations necessary to implement this chapter.
(2) This chapter and rules promulgated thereunder
shall not apply to any franchise, concession, or contract
governing operation of a vending facility in a public
building if such franchise, concession, or contract was
in existence immediately prior to September 8, 1975.
[1975 1st ex.s. c 251 § 4.]
Title 75
FOOD FISH AND SHELLFISH
Chapters
Definitions.
Administration and enforcement.
Restrictions as to dams, ditches, and other uses
of waters and waterways.
75.28 Licenses.
75.44 Loan assistance to commercial fishermen.
75.04
75.08
75.20
Chapter 75.04
DEFINITIONS
Sections
75.04.010
75.04.040
Scope of definitions.
"Food fish"-"Shellfish''
75.04.010 Scope of definitions. Terms used in this title or in any rule or regulation of the director of fisheries shall have the meaning given to them in this chapter
unless the context clearly indicates otherwise. [1975 1st
ex.s. c 152 § 2; 1955 c 12 § 75.04.010. Prior: 1949 c 112
§ 1, part; Rem. Supp. 1949 § 5780--100, part.]
Reviser's note: For effective date and expiration date of the
amendment to this section by 1975 !st ex.s. c 152 § 2, see RCW
75.44.060.
Appointment, qualifications, powers, etc., of director of fisheries:
Chapter 75.08 RCW.
Control of traffic along ocean beach highways for conservation of
natural resources: RCW 43.51.680.
Loan assistance to commercial fishermen: Chapter 75.44 RCW.
Tidelands reserved for recreational use and taking of fish and shellfish: RCW 79.16.175, 79.16.176.
75.04.040
"Food fish"--"Shellfish".
Frozen food fish or shellfish-Labeling requirements: RCW
69.04.930.
Chapter 75.08
ADMINISTRATION AND ENFORCEMENT
Sections
75.08.012
75.08.230
Duties of the department.
Disposition of moneys collected-Proceeds from sale
of food fish or shellfish.
75.08.012 Duties of the department. It shall be the
duty and purpose of the department of fisheries to preserve, protect, perpetuate and manage the food fish and
shellfish in the waters of the state and the offshore waters thereof to the end that such food fish and shellfish
shall not be taken, possessed, sold or disposed of at
such times and in such manner as will impair the supply
thereof. For the purpose of conservation, and in a
manner consistent therewith, the department shall seek
to maintain the economic well-being and stability of
the commercial fishing industry in the state of
Washington. [1975 1st ex.s. c 183 § l; 1949 c 112 § 3,
part; Rem. Supp. 1949 § 5780-201, part. Formerly
RCW 43.25.020. Redesignated as RCW 75.08.012 and
added to chapter 12, Laws of 1955 and Title 75 RCW
by 1965 c 8 § 43.25.020.]
Reviser's note: For the effective date and expiration date of the
amendment to this section by 1975 !st ex.s. c 183 § I, see RCW
75.28.535.
Program to purchase fishing vessels, gear, licenses and permits: RCW
75.28.500-75.28.540.
75.08.230 Disposition of moneys collected--Proceeds from sale of food fish or shellfish. All license fees,
taxes, fines, and moneys realized from the sale of property seized or confiscated under the provisions of this
title, and all bail moneys forfeited under prosecutions
instituted under the provisions of this title, and all
moneys realized from the sale of any of the property,
(1975 RCW Supp--p 595)
75.08.230
Title 75:
Food Fish and Shellfish
real or personal, heretofore or hereafter acquired for the
state and under the control of the department, such
monevs as are realized from the sale of food fish or
shellfiJsh caught or taken during test fishing operations
conducted by the department for the purpose of food
fish or shellfish resource evaluation studies, all moneys
collected for damages and injuries to any such property,
and all moneys collected for rental or concessions from
such property, shall be paid into the state treasury general fund: Provided, That salmon taken in test fishing
operations shall not be sold except during a season
open to commercial fishing in the district that test fishing is being conducted: Provided further, That fifty
percent of all money received as fines together with all
of the costs shall be retained by the county in which the
fine was collected.
All fines collected shall be remitted monthly by the
justice of the peace or by the clerk of the court collecting the same to the county treasurer of the county in
which the same shall be collected, and the county treasurer shall at least once a month remit fifty percent of
the same to the state treasurer and at the same time
shall furnish a statement to the director showing the
amount of fines so remitted and from whom collected:
Provided, That in instances wherein any portion of a
fine assessed by a court is suspended, deferred, or otherwise not collected, the entire amount collected shall
be remitted by the county treasurer to the state treasurer and shall be credited to the general fund: Provided
further, 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.
Proceeds from the sale of food fish or shellfish taken
in test fishing conducted by the department, to the extent that these proceeds may exceed estimates thereof in
the budget approved by the legislature, may be allocated by the office of program planning and fiscal management as unanticipated receipts under such
procedures as are adopted by the legislature for the allocation of such receipts to reimburse the department
for any unanticipated costs for test fishing operations in
excess of any allowance therefor in the budget as approved by the legislature.
Proceeds of all sales of salmon and all sales of salmon eggs by the department, to the extent these proceeds
may exceed estimates in the budget as approved by the
legislature, may be allocated by the office of program
planning and fiscal management as unanticipated receipts under such procedures as the legislature may
adopt for the allocation of such receipts.
Such allocations shall be made only for the purpose
of meeting department obligations in regards to hatchery operations partially or wholly financed by sources
other than state general revenues or for purposes of
processing human consumable salmon for disposal as
may be provided by law. [ 1975 1st ex.s. c 223 § I; 1969
ex.s. c 199 § 31; 1969 ex.s. c 16 § l; 1965 ex.s. c 72 § 2;
1955 c 12 § 75.08.230. Prior: 1951 c 271 § 2; 1949 c l 12
§ 25; Rem. Supp. 1949 § 5780-223.]
Sale of food fish or shellfish taken in test fishing operations-Restrictions as to salmon: RCW 75.12.130.
(1975 RCW Supp---p 596]
Chapter 75.20
RESTRICTIONS AS TO DAMS, DITCHES, AND
OTHER USES OF WATERS AND WATERWAYS
Sections
75.20.100
Hydraulic projects or other work-Plans and specifications--Approval-Failure to follow or carry
out approval conditions-Penalty-Emergencies.
75.20.100 Hydraulic projects or other work--Plans
and specifications--Approval--Failure to follow or
carry out approval conditions--Penalty--Emergencies. In the event that any person or government agency
desires to construct any form of hydraulic project or
other work that will use, divert, obstruct, or change the
natural flow or bed of any river or stream or that will
utilize any of the waters of the state or materials from
the stream beds, such person or government agency
shall submit to the department of fisheries and the department of game full plans and specifications of the
proposed construction or work, complete plans and
specifications for the proper protection of fish life in
connection therewith, the approximate date when such
construction or work is to commence, and shall secure
the written approval of the director of fisheries and the
director of game as to the adequacy of the means outlined for the protection of fish !ife in connection therewith and as to the propriety of the proposed
construction or work and time thereof in relation to fish
life, before commencing construction or work thereon.
The director of fisheries and the director of game shall
designate and authorize certain employees of their respective departments to act in place of themselves by
signing written approvals for such designations and authorizations. If any person or government agency commences construction on any such works or projects
without first providing plans and specifications subject
to the approval of the director of fisheries and the director of game for the proper protection of fish life in
connection therewith and without first having obtained
written approval of the director of fisheries and the director of game as to the adequacy of such plans and
specifications submitted for the protection of fish life, or
if any person or government agency fails to follow or
carry out any of the requirements or conditions as are
made a part of such approval, he is guilty of a gross
misdemeanor. If any such person or government agency
be convicted of violating any of the provisions of this
section and continues construction on any such works
or projects without fully complying with the provisions
hereof, such works or projects are hereby declared a
public nuisance and shall be subject to abatement as
such. For the purposes of this section, "bed" shall mean
that portion of a river or stream and the shorelands
within the ordinary high water lines.
Provided, That in case of an emergency arising from
weather or stream flow conditions the department of
fisheries or department of game, through their authorized representatives, shall issue immediately upon request oral permits to a riparian owner or lessee for
removing any obstructions, repairing existing structures,
restoring stream banks, or to protect property threatened by the stream without the necessity of submitting
Licenses
prepared plans and specifications or obtaining a written
permit prior to commencing work. Conditions of an
oral permit shall be reduced to writing within thirty
days and complied with as provided for in this section.
[1975 1st ex.s. c 29 § L 1967 c 48 § l; 1955 c 12 § 75.20.100. Prior: 1949 c 112 § 49; Rem. Supp. 1949 §
5780-323.]
Chapter 75.28
LICENSES
Sections
75.28.500
75.28.505
75.28.510
75.28.515
75.28.520
75.28.525
75.28.530
75.28.535
75.28.540
Program to purchase fishing vessels, gear, licenses and
permits--Finding and intent.
Program to purchase fishing vessels, gear, licenses and
permits--Definitions.
Program to purchase fishing vessels, gear, licenses and
permits--Authorized.
Program to purchase fishing vessels, gear, licenses and
permits--Valuation--Maximum price--Retirement of licenses and permits.
Program to purchase fishing vessels, gear, licenses and
permits--Disposition of vessels and gear--Prohibition against using purchased vessels for fishing
purposes.
Program to purchase fishing vessels, gear, licenses and
permits--Violations--Penalties--Forfeiture.
Program to purchase fishing vessels, gear, licenses and
permits--Administration of program--Advisory
board.
Program to purchase fishing vessels, gear, licenses and
permits--Effective date--Expiration--Administration--Vessel, gear, license and permit reduction
fund.
Program to purchase fishing vessels, gear, licenses and
permits--Time limitation to apply for participation--Completion of program.
75.28.500 Program to purchase fishing vessels, gear,
licenses and p~rmits--Finding and intent. The legislature finds that the protection, welfare, and economic
well-being of the commercial fishing industry is important to the people of this state. There presently exists an
overabundance of commercial fishing gear in our state
waters which causes great pressure on the fishing resources. This results in great economic waste to the
state and prohibits conservation and harvesting programs from achieving their goals. This adverse situation
has been compounded by the recent federal court decision, United States of America et al. v. State of
Washington et al., Civil No. 9213, United States District Court for the Western District of Washington,
February 12, 1974. As a result, large numbers of commercial fishermen face personal economic hardship and
the state commercial fishing industry is confronted with
economic difficulty. The public welfare requires that the
state have the authority to purchase commercial fishing
vessels, licenses, gear, and permits offered for sale, as
appropriate, in a manner which will provide relief to the
individual vessel owner, and which will effect a reduction in the amount of commercial fishing gear in use in
the state so as to insure increased economic opportunity
for those persons in the industry and to insure that
sound scientific conservation and harvesting programs
can be carried out. It is the intention of the legislature
to provide relief to commercial fishermen adversely affected by the current economic situation in the state
75.28.515
fishery and to preserve this valuable state industry and
these natural resources. [ 1975 I st ex.s. c 183 § 2.]
Loan assistance program for commercial fishermen: Chapter 75.44
RCW.
75.28.505 Program to purchase fishing vessels, gear,
licenses and permits--Definitions. As used in RCW
75.28.500 through 75.28.540, unless the context indicates otherwise:
(I) "Case area" means those areas of the Western
district of Washington within the watersheds of Puget
Sound and the Olympic Peninsula north of Grays Harbor and in the adjacent offshore waters which are within the jurisdiction of the state of Washington, as defined
in United States of America et al. v. State of
Washington et al., Civil No. 9213, United States District Court for Western District of Washington, February 12, 1974, or any area in which fishing rights are
affected by court decision in a manner consistent with
the above-mentioned decision;
(2) "Department" means the department of fisheries;
(3) "Director" means the director of the department
of fisheries. [1975 lst ex.s. c 183 § 3.]
Reviser's note: Throughout RCW 75.28.500-75.28.540, the phrase
"this 1975 amendatory act" has been changed to RCW 75.28.500
through 75.28.540. "This 1975 amendatory act" (1975 1st ex.s. c 183]
also amends RCW 75.08.012.
75.28.510 Program to purchase fishing vessels, gear,
licenses and permits--Authorized. The department is
authorized to purchase commercial fishing vessels and
appurtenant gear, and the appropriate current commercial fishing licenses and delivery permits issued by the
state of Washington if the vessel, licensee or permit
holder:
(I) Was licensed to fish or deliver fish during 1974
within the case area; and
(2) Was substantially restricted in its fishing season in
1974 by the department as a result of compliance with
United States of America et al. v. State of Washington
et al., Civil No. 9213, United States District Court for
Western District of Washington, February 12, 1974.
The department shall not purchase any vessel without
also purchasing all appropriate current Washington
commercial fishing licenses and delivery permits issued
to such vessel or its owner: Provided, That the department is authorized to purchase current licenses and delivery permits in the absence of the purchase of a vessel.
[1975 1st ex.s. c 183 § 4.]
75.28.515 Program to purchase fishing vessels, gear,
permits--Valuation--Maximum
licenses
and
price-Retirement of licenses and permits. The purchase by the department of a vessel and appurtenant
gear shall be based on a survey conducted by a qualified marine surveyor. A license or delivery permit shall
be valued separately by the department.
The director may specify a maximum price to be paid
by the department for any vessel, gear, license or delivery permit purchased pursuant to RCW 75.28.510. Any
(1975 RCW Supp---p 597)
75.28.515
Title 75:
Food Fish and Shellfish
license or delivery permit so purchased shall be permanently retired by the department. (1975 lst ex.s. c 183 §
5.)
75.28.520 Program to purchase fishing vessels, gear,
licenses and permits--Disposition of vessels and
gear--Prohibition against using purchased vessels for
fishing purposes. The department may arrange for the
insurance and storage and for the resale or other disposition of all vessels and gear purchased pursuant to
RCW 75.28.500 through 75.28.540. Such vessels shall
not be used by any owner or operator as a fishing vessel
other than as a vessel used for angling or other personal
use in waters within the state of Washington, nor shall
such vessels be used by any owner or operator to deliver fish within the boundaries of the state of
Washington. The department shall require that the purchasers or other users of vessels resold or otherwise disposed of by the department execute any and all suitable
instruments to insure compliance with the requirements
of this section. The director may commence suit or be
sued on any such instrument in any state court of
record or United States district court having jurisdiction. (1975 lst ex.s. c 183 § 6.]
Reviser's note: See note following RCW 75.28.505.
75.28.525 Program to purchase fishing vessels, gear,
licenses and permits--Violations--Penalties-Forfeiture. Any person violating any of the provisions
of RCW 75.28.500 through 75.28.540, or of any of the
rules or regulations of the director made pursuant
thereto, or who aids or abets or assists in the violation
thereof, shall be guilty of a gross misdemeanor, and
upon a conviction thereof shall be punished by imprisonment for not less than thirty days or more than one
year, or by a fine of not less than twenty-five dollars or
more than one thousand dollars, or both. Upon conviction of any person of a violation of any provision of
RCW 75.28.500 through 75.28.540, or rule or regulation
of the director, the judge or justice of the peace may, in
addition to the penalty imposed by law, provide for the
forfeiture of the vessel and licenses and/or permits to
the state of Washington. [1975 lst ex.s. c 183 § 7.]
Reviser's note: See note following RCW 75.28.505.
75.28.530 Program to purchase fishing vessels, gear,
licenses and permits--Administration of program-Advisory board. The director shall promulgate rules and
regulations concerning the operation of such program
in accordance with the provisions of chapter 34.04
RCW. The director may enlist the aid of such other
state agencies to assist the department in the administration of the provisions of RCW 75.28.500 through
75.28.540. To minimize the impact of this program on
other ongoing state activities as well as on current staffing levels, the director shall have the authority to contract with persons or entities not employed by the state
to assist in the administration of the provisions of RCW
75.28.500 through 75.28.540.
The director shall appoint an advisory board composed of four individuals who are knowledgeable of the
11975 RCW Supp--p 598(
commercial fishing industry to assist the director. including the rendering of advice from time to time concerning the values of licenses and permits which may be
purchased pursuant to the provisions of RCW
75.28.510, and to perform such other functions as
deemed appropriate by the director. The members of
such advisory board shall be reimbursed for subsistence
and travel expenses pursuant to RCW 43.03.050 and
43.03.060 for each day or major portion thereof spent in
the performance of their duty. [ 1975 I st ex.s. c 183 § 8.)
Reviser's note: See note following RCW 75.28.505.
75.28.535 Program to purchase fishing vessels, gear,
licenses and permits--Effective date--Expiration--Administration--Vessel, gear, license and permit reduction fund. The provisions of *this 1975
amendatory act shall become effective only upon receipt by the department from the federal government of
funds in an amount sufficient to administer such provisions and to accomplish its purposes. If such funds are
not received or authorized prior to July I, 1976, *this
1975 amendatory act shall expire on said date.
The director shall be the responsible state officer for
the administration of, and the disbursement of all
funds, goods, commodities, and services, which may be
received by the state in connection with the provisions
of *this 1975 amendatory act. There is created within
the state treasury a fund to be known as the "vessel,
gear, license, and permit reduction fund", which shall
be used for the purchase of vessels, licenses, permits,
and fishing gear as provided in *this 1975 amendatory
act, and for the administration of the provisions of *this
1975 amendatory act. This fund shall be credited with
any federal or other funds received to carry out the
purposes of *this 197 5 amenda tory act and shall also be
credited with all proceeds from the sale or other disposition of any property purchased pursuant to RCW
75.28.510. [1975 1st ex.s. c 183 § 9.]
*Reviser's note: "this 1975 amendatory act" (1975 !st ex.s. c 183]
consists of RCW 75.28.500--75.28.540, and amendments to RCW
75.08.012.
75.28.540 Program to purchase fishing vessels, gear,
licenses and permits--Time limitation to apply for
participation--Completion of program. No application
for participation in the program provided for in RCW
75.28.500 through 75.28.540 shall be accepted by the
department later than June 30, 1977. The director shall
provide for the expeditious completion of the program
thereafter and shall notify the state legislature when
such provisions might appropriately be declared null
and void. (1975 1st ex.s. c 183 § 10.]
Reviser's note: See note following RCW 75.28.505.
Chapter 75.44
LOAN ASSISTANCE TO COMMERCIAL
FISHERMEN
Sections
75.44.010
75.44.020
75.44.030
75.44.040
Legislative finding and intent.
Definitions.
Authority to make loans-Eligibility.
Loan restrictions and limitations.
Loan Assistance to Commercial Fishermen
75.44.050
75.44.060
75.44.070
Administration of program.
Effective date, expiration of chapter.
Authority to accept federal funds-Interest payment
loan fund-Investments.
Time limitation to make application.
75.44.080
Program to purchase vessels, gear, licenses and permits: RCW
75.28.500-75.28.540.
75.44.010 Legislative finding and intent. The legislature finds that the economic health and stability of the
commercial fishing industry is of paramount importance
to the people of this state. The recent federal court decision, United States of America et al v. State of
Washington et al, Civil No. 9213, United States District
Court for the Western District of Washington, February
12, 1974, together with department of fisheries compliance therewith, have had an adverse impact on this
economic health and stability. The public welfare requires that the state have the authority to transmit federal funds in the form of loans to eligible productive
commercial fishermen.
Retaining productive commercial fishermen in the
state's fishery will enhance productivity by the fishing
industry, will improve economic opportunity for those
fishermen dependent upon the resource as a source of
income, and will contribute to sound conservation and
harvesting programs affecting this important state fishery resource. It is the intention of the legislature to provide assistance to productive commercial fishermen who
are adversely affected by the current economic situation
in the state's commercial fishery. [1975 1st ex.s. c 152 §
l.]
75.44.020 Definitions. As used in this chapter the
terms in this section shall have the meanings indicated
unless the context indicates otherwise.
(1) "Case area" shall have the meaning as defined in
United States of America, et al v. State of Washington,
et al, Civil No. 9213, United States District Court for
the Western District of Washington, February 12, 1974,
which is: "That portion of the State of Washington west
of the Cascade Mountains and north of the Columbia
River drainage area, and includes the American portion
of the Puget Sound watershed, the watersheds of the
Olympic Peninsula north of the Grays Harbor watershed, and the offshore waters adjacent to those areas".
The director is authorized to modify the definition of
"case area" to correspond to any subsequent definition
included in a relevant decision of the same court, or in
appellate review thereof, or where fishing rights are affected by some other court decision in a manner consistent with the above-mentioned decision.
(2) "Department" means the department of general
administration.
(3) "Director" means the director of the department
of general administration. [1975 1st ex.s. c 152 § 3.]
75.44.030 Authority to make loans--Eligibility.
The department is empowered to make loans which the
department determines to be necessary and appropriate
to commercial fishermen. To be eligible a commercial
fisherman shall:
(1) Own a commercial fishing vessel;
75.44.040
(2) Have been licensed to fish or deliver fish in 1974
in the case area;
(3) Have been adversely affected by a fishing season
in 1974 in the case area which was substantially restricted by the department of fisheries as a result of
compliance with the federal court decision;
(4) Be currently licensed to fish or deliver fish;
(5) Be determined to be a productive commercial
fisherman by the department in cooperation with the
department of fisheries by an analysis of individual fish
catch records for the calendar years 1972, 1973, 1974,
and/or 1975; and
(6) Be determined by the department to have been
primarily dependent on commercial fishing for his or
her earned income during at least one of the calendar
years 1972, 1973, 1974, or 1975. [1975 1st ex.s. c 152 §
4.]
75.44.040 Loan restrictions and limitations. ( 1) Loans
made pursuant to RCW 75.44.030 shall be used only to
pay accrued and past due interest payments owing on
obligations whose proceeds were used for the construction, reconstruction, or purchase of a commercial fishing vessel and shall not exceed the amount of such
interest payments falling due during 1974 and 1975.
(2) No loan assistance provided under this chapter
shall be made available to any fisherman who participates or seeks to participate in any aspect of the program administered through funds made available from
the "vessel, gear, and permit reduction fund" if such
fund is established pursuant to separate legislation.
(3) The provisions of subsections (1) and (2) of this
section shall be subject to the following additional restrictions and limitations:
(a) No financial assistance shall be extended pursuant
to this chapter unless the financial assistance applied for
is not otherwise available on reasonable terms.
(b) No loan under this chapter shall be made if the
total amount outstanding and committed to the borrower from the interest payment loan fund established
by RCW 75.44.070 would exceed ten thousand dollars
or is less than five hundred dollars.
(c) The rate of interest to be charged by the department for any such loan shall be at the average annual
interest rate on all interest-bearing obligations of the
United States then forming a part of the public debt as
computed at the end of the fiscal year next preceding
the date of the loan and adjusted to the nearest oneeighth of one percent, plus one-quarter of one percent
per annum.
(d) No such loan, including renewals or extensions
thereof, may be made for a period or periods exceeding
two years.
(e) All loans made pursuant to this chapter shall be
of such sound value or so secured as reasonably to assure repayment.
(4) The director may establish priority classes of persons who might first qualify for loans under the provisions of this chapter in order that the purposes and
objectives of the chapter shall be accomplished. [ 1975
1st ex.s. c 152 § 5.]
(1975 RCW Supp--p 599)
75.44.050
Title 75:
Food Fish and Shellfish
75.44.050 Administration of program. The director
shall promulgate rules and regulations concerning the
operation of such program in accordance with the provisions of chapter 34.04 RCW. The director may enlist
the aid of such other state agencies to assist the department in the administration of the provisions of this
chapter. To minimize the impact of this program on
other ongoing state activities as well as on current staffing levels, the director shall have the authority to contract with persons or entities not employed by the state
to assist in the administration of the provisions of this
chapter. [1975 lst ex.s. c 152 § 6.]
75.44.060 Effective date, expiration of chapter. The
provisions of this chapter shall become effective only
upon receipt by the department from the federal government of funds in an amount sufficient to administer
such provisions and to accomplish the purposes of this
chapter. If such funds are not received or authorized
prior to January l, 1976, this chapter shall expire on
said date, and shall be null and void and without any
further force and effect on such date without any further action by the legislature. [1975 lst ex.s. c 152 § 7.]
Chapter 76.09
FOREST PRACTICES
Sections
76.09.030
76.09.050
76.09.060
76.09.070
76.09.080
76.09.090
76.09.100
76.09.140
76.09.170
76.09.220
76.09.240
75.44.070 Authority to accept federal funds--Interest payment loan fund--Investments. The department is empowered to receive and accept funds from
the federal government for the administration of this
program as authorized in the provisions of this chapter.
There is created within the department a fund to be
known as the "interest payment loan fund", which shall
be used for the disbursement of loan moneys as provided in this chapter, and for the administration of the
provisions of this chapter. This fund shall be credited
with any federal funds received to carry out the purposes of this chapter and shall also be credited with all
repayments of loans, payments of interest, and other
receipts arising out of transactions entered into by the
department pursuant to the provisions of this chapter.
The director shall have the full power to invest and reinvest such funds in those classes of securities described
in the provisions of RCW 43.84.150. [1975 lst ex.s. c
152 § 8.]
75.44.080 Time limitation to make application. No
application for participation in the program provided
for in this chapter shall be accepted by the department
later than December 31, 1976. [1975 1st ex.s. c 152 § 9.]
Title 76
FORESTS AND FOREST PRODUCTS
Chapters
76.09 Forest practices.
76.14 Forest rehabilitation.
76.20 Firewood on state lands.
(1975 RCW Supp---p 600)
76.09.910
Forest practices board-Created-Membership-Terms-Vacancies-Meetings-Per diem and
expenses-Staff.
Rules establishing classes of forest practices-Applications for classes of forest practices--Approval or
disapproval-Notifications-Procedures-Appeals-Waiver.
Applications for forest practices-Form-Contents--Conversion of forest land to other useN ew applications--Approval--Emergencies.
Reforestation-Requirements--Procedures.
Stop work orders--Grounds-Contents--Procedure-Appeals.
Notice of failure to comply--Contents-Procedures--Appeals-Hearing-Final orderLimitations on actions.
Failure to comply with water quality protection-Department of ecology authorized to petition appeals
board-Action on petition.
Enforcement.
Violations-Penalties--Remission or mitigationAppeals.
Forest practices appeals board--CompensationExpenses-Staff-Chairman-Office-Quorum-Powers and duties--Jurisdiction-Review.
Restrictions upon local political subdivisions or regional
entities-Exceptions and limitations.
Shoreline management act, hydraulics act, other statutes
and ordinances not modified-Exceptions.
Chapter 76.09 RCW to be used to satisfy federal water pollution act
requirements: RCW 90.48.425.
76.09.030 Forest practices board--Created-Membership---Terms--Vacancies--Meetings-Per diem and expenses--Staff. ( 1) There is hereby
created the forest practices board of the state of
Washington as an agency of state government consisting of members as follows:
(a) The commissioner of public lands or his designee;
(b) The director of the department of commerce and
economic development or his designee;
(c) The director of the department of agriculture or
his designee;
(d) The director of the department of ecology or his
designee;
(e) An elected member of a county legislative authority appointed by the governor: Provided, That such
member's service on the board shall be conditioned on
his continued service as an elected county official; and
(f) Six members of the general public appointed by
the governor, one of whom shall be an owner of not
more than five hundred acres of forest land, and one of
whom shall be an independent logging contractor.
(2) The members of the initial board appointed by
the governor shall be appointed so that the term of one
member shall expire December 31, 1975, the term of
one member shall expire December 31, 1976, the term
of one member shall expire December 31, 1977, the
terms of two members shall expire December 31, 1978,
and the terms of two members shall expire December
31, 1979. Thereafter, each member shall be appointed
for a term of four years. Vacancies on the board shall
be filled in the same manner as the original appointments. Each member of the board shall continue in
Forest Practices
office until his successor is appointed and qualified. The
commissioner of public lands or his designee shall be
the chairman of the board.
(3) The board shall meet at such times and places as
shall be designated by the chairman or upon the written
request of the majority of the board. The principal
office of the board shall be at the state capital.
(4) Members of the board, except public employees
and elected officials, shall receive forty dollars per diem
for each day or major portion thereof actually spent in
attending to their duties as board members and in addition they shall be entitled to reimbursement for subsistence and actual travel expenses incurred in the
performance of their duties in the same manner as provided for state officials generally in chapter 43.03 RCW
as now or hereafter amended.
(5) The board may employ such clerical help and
staff pursuant to chapter 41.06 RCW as is necessary to
carry out its duties. [1975 1st ex.s. c 200 §I; 1974 ex.s. c
137 § 3.]
76.09.050 Rules establishing classes of forest practices--Applications for classes of forest practices-Approval or disapproval--Notifications--Procedures--Appeals--Waiver. (1) The board shall establish by rule which forest practices shall be included
within each of the following classes:
Class I: Minimal or specific forest practices that have
no direct potential for damaging a public resource that
may be conducted without submitting an application or
a notification;
Class II: Forest practices which have a less than ordinary potential for damaging a public resource that
may be conducted without submitting an application
and may begin five calendar days, or such lesser time as
the department may determine, after written notification by the operator, in the manner, content, and form
as prescribed by the department, is received by the department. Class II shall not include forest practices:
(a) On lands platted after January 1, 1960, or being
converted to another use;
(b) Which require approvals under the provisions of
the hydraulics act, RCW 75.20.100;
(c) Within "shorelines of the state" as defined in
RCW 90.58.030; or
(d) Excluded from Class II by the board;
Class III: Forest practices other than those contained
in Class I, II, or IV. A Class III application must be
approved or disapproved by the department within
fourteen calendar days from the date the department
receives the application;
Class IV: Forest practices other than those contained
in Class I or II: (a) On lands platted after January 1,
1960, (b) on lands being converted to another use, (c)
on lands which, pursuant to RCW 76.09.070 as now or
hereafter amended, are not to be reforested because of
the likelihood of future conversion to urban development, and/or (d) which have a potential for a substantial impact on the environment and therefore require an
evaluation by the department as to whether or not a
detailed statement must be prepared pursuant to the
state environmental policy act, chapter 43.21C RCW.
76.09.050
Such evaluation shall be made within ten days from the
date the department receives the application: Provided,
That nothing herein shall be construed to prevent any
local or regional governmental entity from determining
that a detailed statement must be prepared for an action pursuant to a Class IV forest practice taken by that
governmental entity concerning the land on which forest practices will be conducted. A Class IV application
must be approved or disapproved by the department
within thirty calendar days from the date the department receives the application, unless the department
determines that a detailed statement must be made, in
which case the application must be approved or disapproved by the department within sixty calendar days
from the date the department receives the application,
unless the commissioner of public lands, through the
promulgation of a formal order, determines that the
process cannot be completed within such period.
Forest practices under Classes I, II, and Ill are exempt from the requirements for preparation of a detailed statement under the state environmental policy
act.
(2) No Class II, Class III, or Class IV forest practice
shall be commenced or continued after January I, 1975,
unless the department has received a notification with
regard to a Class II forest practice or approved an application with regard to a Class III or Class IV forest
practice containing all information required by RCW
76.09.060 as now or hereafter amended: Provided, That
any person commencing a forest practice during 1974
may continue such forest practice until April 1, 1975, if
such person has submitted an application to the department prior to January 1, 1975: Provided, further,
That in the event forest practices regulations necessary
for the scheduled implementation of this chapter and
RCW 90.48.420 have not been adopted in time to meet
such schedules, the department shall have the authority
to regulate forest practices and approve applications on
such terms and conditions consistent with this chapter
and RCW 90.48.420 and the purposes and policies of
RCW 76.09.010 until applicable forest practices regulations are in effect.
(3) If a notification or application is delivered in person to the department by the operator or his agent, the
department shall immediately provide a dated receipt
thereof. In all other cases, the department shall immediately mail a dated receipt to the operator.
(4) Forest practices shall be conducted in accordance
with the forest practices regulations, orders and directives as authorized by this chapter or the forest practices regulations, and the terms and conditions of any
approved applications.
(5) The department of natural resources shall notify
th~ a~plicant. in "".riting of either its approval of the apphcat10n or its disapproval of the application and the
specific manner in which the application fails to comply
with the provisions of this section or with the forest
practices regulations. Except as provided otherwise in
this section, if the department fails to either approve or
disapprove an application or any portion thereof within
the applicable time limit, the application shall be
[1975 RCW Supp--p 601)
76.09.050
Title 76:
Forests and Forest Products
deemed appro\'ed and the operation may be commenced: Provided. That this provision shall not apply
to applications which are neither approved nor disappro\ ed pursuant to the provisions of subsection (7) of
this section: Pro~·ided. further. That if seasonal field
conditions prevent the department from being able to
properl) evaluate the application. the department may
issue an approval conditional upon further review within sixty days: Provided, further, That the department
shall have until April I. 1975, to approve or disapprove
an application involving forest practices allowed to
continue to April 1, 1975, under the provisions of subsection (2) of this section. Upon receipt of any notification or any satisfactorily completed application the
department shall in any event no later than two business days after such receipt transmit a copy to the departments of ecology, game, and fisheries, and to the
county in which the forest practice is to be commenced.
Any comments by such agencies shall be directed to the
department of natural resources.
(6) If the county believes that an application is inconsistent with this chapter, the forest practices regulations, or any local authority consistent with RCW
76.09.240 as now or hereafter amended, it may so notify
the department and the applicant, specifying its
objections.
(7) The department shall not approve portions of applications to which a county objects if:
(a) The department receives written notice from the
county of such objections within fourteen business days
from the time of transmittal of the application to the
county, or one day before the department acts on the
application, whichever is later; and
(b) The objections relate to lands either:
(i) Platted after January 1, 1960; or
(ii) Being converted to another use.
The department shall either disapprove those portions of such application or appeal the county objections to the appeals board. If the objections related to
subparagraphs (b) (i) and (ii) of this subsection are
based on local authority consistent with RCW 76.09.240
as now or hereafter amended, the department shall disapprove the application until such time as the county
consents to its approval or such disapproval is reversed
on appeal. The applicant shall be a party to all department appeals of county objections. Unless the county
either consents or has waived its rights under this subsection, the department shall not approve portions of an
application affecting such lands until the minimum time
for county objections has expired.
(8) In addition to any rights under the above paragraph, the county may appeal any department approval
of an application with respect to any lands within its
jurisdiction. The appeals board may suspend the department's approval in whole or in part pending such
appeal where there exists potential for immediate and
material damage to a public resource.
(9) Appeals under this section shall be made to the
appeals board in the manner and time provided in
RCW 76.09.220(9). In such appeals there shall be no
presumption of correctness of either the county or the
department position.
(1975 RCW Supp--p 602)
( 10) The department shall, within four business days
notify the county of all notifications. approvals, and
disapprovals of an application affecting lands within the
county, except to the extent the county has waived its
right to such notice.
(11) A county may waive in whole or in part its rights
under this section, and may withdraw or modify any
such waiver, at any time by written notice to the department. [1975 1st ex.s. c 200 § 2: 1974 ex.s. c 137 § 5.]
76.09.060 Applications for forest practices-Form--Contents-Conversion of forest land to other
use-New applications--Approval--Emergencies.
(1) The department shall prescribe the form and contents of the notification and application. The forest
practices regulations shall specify by whom and under
what conditions the notification and application shall
be signed. The application or notification shall be
delivered in person or sent by certified mail to the department. The information required may include, but
shall not be limited to:
(a) Name and address of the forest land owner, timber owner, and operator;
(b) Description of the proposed forest practice or
practices to be conducted;
(c) Legal description of the land on which the forest
practices are to be conducted;
(d) Planimetric and topographic maps showing location and size of all lakes and streams and other public
waters in and immediately adjacent to the operating
area and showing all existing and proposed roads and
major tractor roads;
(e) Description of the silvicultural, harvesting, or other forest practice methods to be used, including the type
of equipment to be used and materials to be applied;
(f) Proposed plan for reforestation and for any revegetation necessary to reduce erosion potential from
roadsides and yarding roads, as required by the forest
practices regulations;
(g) Soil, geological, and hydrological data with respect to forest practices;
(h) The expected dates of commencement and completion of all forest practices specified in the
application;
(i) Provisions for continuing maintenance of roads
and other construction or other measures necessary to
afford protection to public resources; and
U) An affirmation that the statements contained in
the notification or application are true.
(2) At the option of the applicant, the application or
notification may be submitted to cover a single forest
practice or any number of forest practices within reasonable geographic or political boundaries as specified
by the department. Long range plans may be submitted
to the department for review and consultation.
(3) The application shall indicate whether any land
covered by the application will be converted or is intended to be converted to a use other than commercial
timber production within three years after completion
of the forest practices described in it. (a) If the application states that any such land will be or is intended to
be so converted:
Forest Practices
(i) The reforestation requirements of this chapter and
of the forest practices regulations shall not apply if the
land is in fact so converted unless applicable alternatives or limitations are provided in forest practices regulations issued under RCW 76.09.070 as now or
hereafter amended;
(ii) Completion of such forest practice operations
shall be deemed conversion of the lands to another use
for purposes of chapters 84.28, 84.33, and 84.34 RCW
unless the conversion is to a use permitted under a current use tax agreement permitted under chapter 84.34
RCW;
(iii) The forest practices described in the application
are subject to applicable county, city and regional governmental authority permitted under RCW 76.09.240 as
now or hereafter amended as well as the forest practices
regulations.
(b) If the application does not state that any land
covered by the application will be or is intended to be
so converted:
(i) For six years after the date of the application the
county or city and regional governmental entities may
deny any or all applications for permits or approvals,
including building permits and subdivision approvals,
relating to nonforestry uses of land subject to the
application;
(ii) Failure to comply with the reforestation requirements contained in any final order or decision shall
constitute a removal from classification under the provisions of RCW 84.28.065, a removal of designation
under the provisions of RCW 84.33.140, and a change
of use under the provisions of RCW 84.34.080, and, if
applicable, shall subject such lands to the payments
and/or penalties resulting from such removals or
changes; and
(iii) Conversion to a use other than commercial timber operations within three years after completion of
the forest practices without the consent of the county or
municipality shall constitute a violation of each of the
county, municipal and regional authorities to which the
forest practice operations would have been subject if
the application had so stated.
(c) The application shall be either signed by the land
owner or accompanied by a statement signed by the
land owner indicating his intent with respect to conversion and acknowledging that he is familiar with the effects of this subsection.
(4) Whenever an approved application authorizes a
forest practice which, because of soil condition, proximity to a water course or other unusual factor, has a
potential for causing material damage to a public resource, as determined by the department, the applicant
shall, when requested on the approved application, notify the department two days before the commencement
of actual operations.
(5) Before the operator commences any forest practice in a manner or to an extent significantly different
from that described in a previously approved application or notification, there shall be submitted to the department a new application or notification form in the
manner set forth in this section.
76.09.080
(6) The notification to or the approval given by the
department to an application to conduct a forest practice shall be effective for a term of one year from the
date of approval or notification and shall not be renewed unless a new application is filed and approved or
a new notification has been filed.
(7) Notwithstanding any other provision of this section, no prior application or notification shall be required for any emergency forest practice necessitated
by fire, flood, windstorm, earthquake, or other emergency as defined by the board, but the operator shall
submit an application or notification, whichever is applicable, to the department within forty-eight hours after commencement of such practice. [1975 1st ex.s. c
200 § 3; 1974 ex.s. c 137 § 6.]
76.09.070
Reforestation--Requirements-Procedures. After the completion of a logging operation, satisfactory reforestation as defined by the rules
and regulations promulgated by the board shall be
completed within three years: Provided, That a longer
period may be authorized if seed or seedlings are not
available: Provided further, That a period of up to five
years may be allowed where a natural regeneration plan
is approved by the department. Upon the completion of
a reforestation operation a report on such operation
shall be filed with the department of natural resources.
Within twelve months of receipt of such a report the
department shall inspect the reforestation operation,
and shall determine either that the reforestation operation has been properly completed or that further reforestation and inspection is necessary.
The forest practices regulations may provide alternatives to or limitations on the applicability of reforestation requirements with respect to forest lands being
converted in whole or in part to another use which is
compatible with timber growing. The forest practices
regulations may identify classifications and/or areas of
forest land that have the likelihood of future conversion
to urban development within a ten year period. The reforestation requirements may be modified or eliminated
on such lands: Provided, That such identification
and/ or such conversion to urban development must be
consistent with any local or regional land use plans or
ordinances. [1975 1st ex.s. c 200 § 4; 1974 ex.s. c 137 §
7.]
76.09.080 Stop work orders--Grounds--Contents--Procedure--Appeals. ( l) The department
shall have the authority to serve upon an operator a
stop work order which shall be a final order of the department if:
(a) There is any violation of the provisions of this
chapter or the forest practices regulations; or
(b) There is a deviation from the approved application; or
(c) Immediate action is necessary to prevent continuation of or to avoid material damage to a public
resource.
(2) The stop work order shall set forth:
(a) The specific nature, extent, and time of the violation, deviation, damage, or potential damage;
(1975 RCW Supp--p 6031
76.09.080
Title 76:
Forests and Forest Products
(b) An order to stop all work connected with the violation. de\ iation. damage. or potential damage:
(c) The specific course of action needed to correct
such \iolation or deviation or to prevent damage and to
correct and/or compensate for damage to public resources which has resulted from any violation, unauthorized deviation. or wilful or negligent disregard for
potential damage to a public resource: and/or those
courses of action necessary to prevent continuing damage to public resources where the damage is resulting
from the forest practice activities but has not resulted
from any violation, unauthorized deviation, or negligence: and
(d) The right of the operator to a hearing before the
appeals board.
The department shall immediately file a copy of such
order with the appeals board and mail a copy thereof to
the timber owner and forest land owner at the addresses
shown on the application. The operator, timber owner,
or forest land owner may commence an appeal to the
appeals board within fifteen days after service upon the
operator. If such appeal is commenced, a bearing shall
be held not more than twenty days after copies of the
notice of appeal were filed with the appeals board. Such
proceeding shall be a contested case within the meaning
of chapter 34.04 RCW. The operator shall comply with
the order of the department immediately upon being
served, but the appeals board if requested shall have
authority to continue or discontinue in whole or in part
the order of the department under such conditions as it
may impose pending the outcome of the proceeding.
[1975 1st ex.s. c 200 § 5; 1974 ex.s. c 137 § 8.]
76.09.090 Notice of failure to comply--Contents--Procedures--Appeals--Hearing--Final
order--Limitations on actions. If a violation, a deviation, material damage or potential for material damage
to a public resource has occurred and the department
determines that a stop work order is unnecessary, then
the department shall issue and serve upon the operator
or land owner a notice. which shall clearly set forth:
(1) (a) The specific nature, extent, and time of failure
to comply with the approved application; or identifying
the damage or potential damage; and/or
(b) The relevant provisions of this chapter or of the
forest practice regulations relating thereto;
(2) The right of the operator or land owner to a
hearing before the department; and
(3) The specific course of action ordered by the department to be followed by the operator to correct such
failure to comply and to prevent, correct and/or compensate for material damage to public resources which
resulted from any violation, unauthorized deviation, or
wilful or negligent disregard for potential damage to a
public resource; and/or those courses of action necessary to prevent continuing damage to public resources
where the damage is resulting from the forest practice
activities but has not resulted from any violation, unauthorized deviation, or negligence.
The department shall mail a copy thereof to the forest land owner and the timber owner at the addresses
shown on the application. showing the date of service
[1975 RCW Supp---p 6041
upon the operator. Such notice to comply shall becom.e
a final order of the department: Provided. That no direct appeal to the appeals board will be allowed from
such final order. Such operator shall undertake the
course of action so ordered by the department unless.
within fifteen days after the date of service of such notice to comply, the operator, forest land owner, or timber owner, shall request the department in writing to
schedule a hearing. If so requested, the department
shall schedule a hearing on a date not more than twenty
days after receiving such request. Within ten days after
such hearing, the department shall issue a final order
either withdrawing its notice to comply or clearly setting forth the specific course of action to be followed by
such operator. Such operator shall undertake the course
of action so ordered by the department unless within
thirty days after the date of such final order, the operator, forest land owner, or timber owner appeals such
final order to the appeals board.
No person shall be under any obligation under this
section to prevent, correct, or compensate for any damage to public resources which occurs more than one
year after the date of completion of the forest practices
operations involved exclusive of reforestation, unless
such forest practices were not conducted in accordance
with forest practices rules and regulations: Provided,
That this provision shall not relieve the forest land
owner from any obligation to comply with forest practices rules and regulations pertaining to providing continuing road maintenance. No action to recover
damages shall be taken under this section more than
two years after the date the damage involved occurs.
[1975 1st ex.s. c 200 § 6; 1974 ex.s. c 137 § 9.]
76.09.100 Failure to comply with water quality protection--Department of ecology authorized to petition
appeals board--Action on petition. If the department
of ecology determines that a person has failed to comply with the forest practices regulations relating to water quality protection, and that the department of
natural resources has not issued a stop work order or
notice to comply, the department of ecology shall inform the department thereof. If the department of natural resources fails to take authorized enforcement
action within twenty-four hours under RCW 76.09.080,
76.09.090, 76.09.120, or 76.09.130, the department of
ecology may petition to the chairman of the appeals
board, who shall, within forty-eight hours, either deny
the petition or direct the department of natural resources to immediately issue a stop work order or notice to comply, or to impose a penalty. No civil or
criminal penalties shall be imposed for past actions or
omissions if such actions or omissions were conducted
pursuant to an approval or directive of the department
of natural resources. [1975 1st ex.s. c 200 § 7; 1974 ex.s.
c 137 § 10.]
76.09.140 Enforcement. (1) The department of natural resources, through the attorney general, may take
any necessary action to enforce any final order or final
decision, or to enjoin any forest practices by any person
Forest Practices
for a one year period after such person has failed to
comply with a final order or a final decision.
(2) A county may bring injunctive, declaratory, or
other actions for enforcement for forest practice activities within its jurisdiction in the superior court as provided by law against the department, the forest land
owner, timber owner or operator to enforce the forest
practice regulations or any final order of the department, or the appeals board: Provided, That no civil or
criminal penalties shall be imposed for past actions or
omissions if such actions or omissions were conducted
pursuant to an approval or directive of the department
of natural resources: And provided further, That such
actions shall not be commenced unless the department
fails to take appropriate action after ten days written
notice to the department by the county of a violation of
the forest practices regulations or final orders of the department or the appeals board. [1975 1st ex.s. c 200 § 8;
1974 ex.s. c 137 § 14.]
76.09.170 Violations--Penalties--Remission or
mitigation--Appeals. Every person who fails to comply with any provision of RCW 76.09.010 through 76.09.280 as now or hereafter amended or of the forest
practices regulations shall be subject to a penalty in an
amount of not more than five hundred dollars for every
such violation. Each and every such violation shall be a
separate and distinct offense. In case of a failure to
comply with a notice pursuant to RCW 76.09.090 as
now or hereafter amended or a stop work order, every
day's continuance shall be a separate and distinct violation. Every person who through an act of commission
or omission procures, aids or abets in the violation shall
be considered to have violated the provisions of this
section and shall be subject to the penalty herein provided for: Provided, That no penalty shall be imposed
under this section upon any governmental official, an
employee of any governmental department, agency, or
entity, or a member of any board or advisory committee created by this chapter for any act or omission in
his duties in the administration of this chapter or of any
regulation promulgated thereunder.
The penalty herein provided for shall be imposed by
a notice in writing, either by certified mail with return
receipt requested or by personal service, to the person
incurring the same from the department of natural resources describing the violation with reasonable particularity. Within fifteen days after the notice is received,
the person incurring the penalty may apply in writing to
the department for the remission or mitigation of such
penalty. Upon receipt of the application, that department may remit or mitigate the penalty upon whatever
terms that department in its discretion deems proper,
provided the department deems such remission or mitigation to be in the best interests of carrying out the
purposes of this chapter. The department of natural resources shall have authority to ascertain the facts regarding all such applications in such reasonable manner
and under such regulations as it may deem proper.
Any person incurring any penalty hereunder may appeal the same to the forest practices appeals board.
76.09.220
Such appeals shall be filed within thirty days of receipt of notice imposing any penalty unless an application for remission or mitigation is made to the
department. When such an application for remission or
mitigation is made, such appeals shall be filed within
thirty days of receipt of notice from the department
setting forth the disposition of the application.
Any penalty imposed hereunder shall become due
and payable thirty days after receipt of a notice imposing the same unless application for remission or mitigation is made or an appeal is filed. When such an
application for remission or mitigation is made, any
penalty incurred hereunder shall become due and payable thirty days after receipt of notice setting forth the
disposition of such application unless an appeal is filed
from such disposition. Whenever an appeal of any penalty incurred hereunder is filed, the penalty shall become due and payable only upon completion of all
review proceedings and the issuance of a final decision
confirming the penalty in whole or in part.
If the amount of any penalty is not paid to the department within thirty days after it becomes due and
payable, the attorney general, upon the request of the
department, shall bring an action in the name of the
state of Washington in the superior court of Thurston
county or of any county in which such violator may do
business, to recover such penalty. In all such actions the
procedure and rules of evidence shall be the same as an
ordinary civil action except as otherwise in this chapter
provided. [1975 1st ex.s. c 200 § 9; 1974 ex.s. c 137 §
17.]
76.09.220 Forest practices appeals board--Compensation--Expenses--Staff--Chairman-Office--Quorum--Powers
and
duties-Jurisdiction--Review. ( 1) The appeals board shall operate on either a part time or a full time basis, as determined by the governor. If it is determined that the
appeals board shall operate on a full time basis, each
member shall receive an annual salary to be determined
by the governor. If it is determined that the appeals
board shall operate on a part time basis, each member
shall receive compensation on the basis of seventy-five
dollars for each day spent in performance of his duties:
Provided, That such compensation shall not exceed ten
thousand dollars in a fiscal year. Each member shall receive reimbursement for travel and other expenses incurred in the discharge of his duties in accordance with
the provisions of chapter 43.03 RCW.
(2) The appeals board may appoint, discharge, and
fix the compensation of an executive secretary, a clerk,
and such other clerical, professional, and technical assistants as may be necessary. As specified in RCW 41.06.073, such employment shall be in accordance with
the rules of the state civil service law, chapter 41.06
RCW.
(3) The appeals board shall as soon as practicable after the initial appointment of the members thereof, meet
and elect from among its members a chairman, and
shall at least biennially thereafter meet and elect or reelect a chairman.
(1975 RCW Supp--p 605)
76.09.220
Title 76:
Forests and Forest Products
(4) The principal office of the appeals board shall be
at the state capital. but it may sit or hold hearings at
any other place in the state. A majority of the appeals
board shall constitute a quorum for making orders or
decisions, promulgating rules and regulations necessary
for the conduct of its powers and duties, or transacting
other official business, and may act though one position
on the board be vacant. One or more members may
hold hearings and take testimony to be reported for action by the board when authorized by rule or order of
the board. The appeals board shall perform all the
powers and duties granted to it in this chapter or as
otherwise provided by law.
(5) The appeals board shall make findings of fact and
prepare a written decision in each case decided by it,
and such findings and decision shall be effective upon
being signed by two or more members and upon being
filed at the appeals board's principal office, and shall be
open to public inspection at all reasonable times.
(6) The appeals board shall either publish at its expense or make arrangements with a publishing firm for
the publication of those of its findings and decisions
which are of general public interest, in such form as to
assure reasonable distribution thereof.
(7) The appeals board shall maintain at its principal
office a journal which shall contain all official actions of
the appeals board, with the exception of findings and
decisions, together with the vote of each member on
such actions. The journal shall be available for public
inspection at the principal office of the appeals board at
all reasonable times.
(8) The forest prqctices appeals board shall have exclusive jurisdiction to hear appeals arising from an action or determination by the department.
(9) (a) Any person aggrieved by the approval or disapproval of an application to conduct a forest practice
may seek review from the appeals board by filing a request for the same within thirty days of the approval or
disapproval. Concurrently with the filing of any request
for review with the board as provided in this section,
the requestor shall file a copy of his request with the
department and the attorney general. The attorney general may intervene to protect the public interest and insure that the provisions of this chapter are complied
with.
(b) The review proceedings authorized in subparagraph (a) of this subsection are subject to the provisions
of chapter 34.04 RCW pertaining to procedures in contested cases. [ 1975 1st ex.s. c 200 § IO; 1974 ex.s. c 137 §
22.]
practices only: (a) Where the application submitted under RCW 76.09.060 as now or hereafter amended indicates that the lands will be converted to a use other
than commercial timber production; or (b) on lands
which have been platted after January 1, 1960: Provided, That no permit system solely for forest practices
shall be allowed; that any additional or more stringent
regulations shall not be inconsistent with the forest
practices regulations enacted under this chapter; and
such local regulations shall not unreasonably prevent
timber harvesting;
(2) Taxing powers;
(3) Regulatory authority with respect to public
health; and
(4) Authority granted by chapter 90.58 RCW, the
"Shoreline Management Act of 1971 ", except that in
relation to "shorelines" as defined in RCW 90.58.030,
the following shall apply:
(a) The forest practice regulations adopted pursuant
to this chapter shall be the sole rules applicable to the
performance of forest practices, and enforcement thereof shall be solely as provided in chapter 76.09 RCW;
(b) As to that road construction which constitutes a
substantial development, no permit shall be required
under chapter 90.58 RCW for the construction of up to
five hundred feet of one and only one road or segment
of a road provided such road does not enter the shoreline more than once. Such exemption from said permit
requirements shall be limited to a single road or road
segment for each forest practice and such road construction shall be subject to the requirements of chapter
76.09 RCW and regulations adopted pursuant thereto
and to the prohibitions or restrictions of any master
program in effect under the provisions of chapter 90.58
RCW. Nothing in this subsection shall add to or diminish the authority of the shoreline management act
regarding road construction except as specifically provided herein. The provisions of this subsection shall not
relate to any road which crosses over or through a
stream, lake, or other water body subject to chapter 90.58 RCW;
(c) Nothing in this section shall create, add to, or diminish the authority of local government to prohibit or
restrict forest practices within the shorelines through
master programs adopted and approved pursuant to
chapter 90.58 RCW except as provided in (a) and (b)
above.
Any powers granted by chapter 90.58 RCW pertaining to forest practices, as amended herein, are expressly
limited to lands located within "shorelines of the state"
as defined in RCW 90.58.030. [ 1975 1st ex.s. c 200 § 11;
1974 ex.s. c 137 § 24.]
76.09.240 Restrictions upon local political subdivisions or regional entities--Exceptions and limitations.
No county, city, municipality, or other local or regional
governmental entity shall adopt or enforce any law, ordinance, or regulation pertaining to forest practices, except that to the extent otherwise permitted by law, such
entities may exercise any:
76.09.910 Shoreline management act, hydraulics act,
other statutes and ordinances not modified--Exceptions. Nothing in RCW 76.09.010 through 76.09.280 as
now or hereafter amended shall modify any requirements to comply with the Shoreline Management Act of
1971 except as limited by RCW 76.09.240 as now or
hereafter amended, or the hydraulics act (RCW 75.20.l 00), other state statutes in effect on January 1, 1975,
and any local ordinances not inconsistent with RCW
(l) Land _use planning or zoning authority: Provided,
That exercise of such authority may regulate forest
(1975 RCW Sup~ 606)
77.12.150
Powers And Duties of Commission
76.09.240 as now or hereafter amended. [1975 1st ex.s. c
200 § 12; 1974 ex.s. c 137 § 32.]
Chapter 76.14
FOREST REHABILITATION
Sections
76.14.050
76.14.051
Firebreaks-Powers of board and supervisorGrazing lands.
Firebreaks-Preexisting agreements not altered.
76.14.050 Firebreaks--Powers of board and supervisor--Grazing lands. The supervisor is authorized to
cooperate with owners of land located in the area described in RCW 76.14.020 in establishing firebreaks in
their most logical position regardless of land ownership.
The board may by gift, purchase, condemnation or
otherwise acquire easements for road rights of way and
land or interests therein located in the high hazard forest area described in RCW 76.14.020 for any purpose
deemed necessary for access for forest protection, reforestation, development and utilization, and for access
to state owned lands within the area described in RCW
76.14.020 for all other purposes, and the supervisor shall
have authority to regulate the use thereof. When the
landowner is using the land for agricultural grazing
purposes the state shall maintain gates or adequate cattle guards at each place the road enters upon the private landowner's fenced lands. [ 1975 I st ex.s. c IO I § I;
1955 c 171§2; 1953 c 74 § 5.]
76.14.051 Firebreaks--Preexisting agreements not
altered. Nothing in the provisions of RCW 76.14.050 as
now or hereafter amended shall be construed to otherwise alter the terms of any existing agreements heretofore entered into by the state and private parties under
the authority of RCW 76.14.050 as now or hereafter
amended. [1975 !st ex.s. c IOI § 2.]
Chapter 76.20
FIREWOOD ON STATE LANDS
license shall be dated as of the date of issuance and authorize the holder thereof to remove between the dates
so specified not more than six cords of wood not fit for
any use but as firewood for the use of himself and family from the premises described in the license under
such regulations as the department of natural resources
may prescribe. [1975 c IO § 2; 1945 c 97 § 3; Rem.
Supp. 1945 § 7797-40c.]
76.20.035 Removal of firewood without chargeAuthorization. Whenever the department of natural resources determines that it is in the best interest of the
state and there will be a benefit to the lands involved or
a state program affecting such lands it may designate
specific areas and authorize the general public to enter
upon lands under its jurisdiction for the purposes of
cutting and removing standing or downed timber for
use as firewood for the personal use of the person so
cutting and removing without a charge under such
terms and conditions as it may require. [1975 c IO§ 3.]
Title 77
GAME AND GAME FISH
Chapters
77.12 Powers and duties of commission.
77.16 Prohibited acts and penalties.
77.20 Beaver.
77 .28 Game farmers.
77.32 Licenses.
Chapter 77.12
POWERS AND DUTIES OF COMMISSION
Sections
77.12.150
77.12.160
77.12.173
77.12.175
Sections
76.20.010
76.20.030
76.20.035
License to remove firewood authorized.
Issuance of license-Fee-Limit on amount
removed.
Removal of firewood without charge-Authorization.
76.20.010 License to remove firewood authorized.
The department of natural resources may issue licenses
to residents of this state to enter upon lands under the
administration or jurisdiction of the department of natural resources for the purpose of removing therefrom,
standing or downed timber which is unfit for any purpose except to be used as firewood. [ 1975 c I0 § I; 1945
c 97 § I; Rem. Supp. 1945 § 7797-40a.]
76.20.030 Issuance of license-Fee--Limit on
amount removed. The application may be made to the
department of natural resources, and if deemed proper,
the license may be issued upon the payment of two
dollars and fifty cents which shall be paid into the treasury of the state by the officer collecting the same and
placed in the resource management cost account; the
77.12.320
77.12.323
Seasons-Opening and closing--Bag limits.
Notice of seasons and bag limits--Publication.
Penalty assessments upon fines and forfeitures--Deposit in state game fund.
Personalized license plates--Use of fees for support
and aid of wildlife resources--Purpose of act.
Agreements for propagation, protection of game-Acceptance of compensation for fish and wildlife losses, gifts, grants-Deposit in special wildlife account.
Game special wildlife account-Created-Uses-Investments.
77.12.150 Seasons--Opening and closing--Bag
limits. The director, with the approval of the commission, may entirely close, or shorten any season for game
animals, fur-bearing animals, game birds, or game fish
within the respective game areas, and after a season has
been closed or shortened, reopen it, and also fix daily,
weekly, or season bag limits on game animals, furbearing animals, game birds, or game fish within any
game area.
Whenever the director finds that game animals have
increased in numbers in any locality of the state to such
an extent that they are damaging public or private
property, or over-grazing their range, the commission
may establish a special hunting season, designate the
area and the number and sex of the animals that may
[1975 RCW Supp--p 6071
77.12.150
Title 77:
Game and Game Fish
be killed by a licensed hunter therein, promulgate necessary rules and regulations, and determine by lot the
number of hunters that may hunt within such area and
the conditions and requirements incident thereto. The
drawing shall take place at the city hall of the town
nearest the area to be opened. Notice of the establishing
of such special hunting season and of the drawing shall
be given in the manner provided for the publishing of
orders opening or closing seasons.
The exercise of power herein granted to close or reopen regular or special seasons, or fix bag limits, shall
be by a written order signed by the director promulgated in accordance with chapter 34.04 RCW. [1975 !st
ex.s. c 102 § I; 1955 c 36 § 77.12.150. Prior: 1949 c 205
§ 2: 1947 c 275 § 25; Rem. Supp. 1949 § 5992-35.]
77.12.160 Notice of seasons and bag limits--Publication. The director shall publish the order closing,
shortening, or reopening any season, or fixing any bag
limit, in a newspaper of general circulation in each
county affected. [1975 1st ex.s. c 102 § 2; 1955 c 36 §
77.12.160. Prior: 1947 c 275 § 26; Rem. Supp. 1947 §
5992-36.]
77.12.173 Penalty assessments upon fines and forfeitures--Deposit in state game fund. On and after June
12, 1975, there shall be levied a penalty assessment in
an amount of five dollars for every twenty dollars or
fraction thereof, imposed and collected by any court as
a fine or forfeiture of bail for any violation of a provision of Title 77 RCW or of any rule, regulation, or order adopted pursuant thereto. Penalties so assessed
shall be used by the department of game for the purposes set forth in RCW 77.12.010. Where multiple violations are involved, the penalty assessment shall be
based upon the total fine or bail forfeited for all included offenses. When a fine is suspended, in whole or in
part, the penalty assessment shall be reduced in proportion to the suspension, except that the penalty assessment shall never be reduced to less than a total of
five dollars.
If bail is forfeited, the court shall collect the appropriate amount of the penalty assessment from the person forfeiting such bail and the total amount of such
assessment shall be remitted within fifteen days after
the end of each quarter to the department of game and
deposited in the state game fund.
After a determination by the court of the amount of
fine and assessment, the court shall collect and remit
within fifteen days after the end of each quarter to the
department of game the total amount of such assessment for deposit in the state game fund. [1975 c 57 § I.]
77.12.175 Personalized license plates-Use of fees
for support and aid of wildlife resources--Purpose of
act. It is declared to be the public policy of the state of
Washington to direct financial resources of this state
toward the support and aid of the wildlife resources existing within the state of Washington in order that the
general welfare of these inhabitants of the state be
served. For the purposes of this chapter, wildlife resources are understood to be those species of wildlife
(1975 RCW Supp----p 608)
other than that managed by the department of fisheries
under their existing jurisdiction as well as all unclassified marine fish, shellfish, and marine invertebrates
which shall remain under the jurisdiction of the director
of fisheries. The legislature further finds that the preservation, protection, perpetuation, and enhancement of
such wildlife resources of the state is of major concern
to it, and that aid for a satisfactory environment and
ecological balance in this state for such wildlife resources serves a public interest, purpose, and desire.
It is further declared that such preservation, protection, perpetuation, and enhancement can be fostered
through financial support derived on a voluntary basis
from those citizens of the state of Washington who wish
to assist in such objectives; that a desirable manner of
accomplishing this is through offering personalized license plates for certain vehicles and campers the fees
for which are to be directed to the state treasury to the
credit of the state game fund for the furtherance of the
programs, policies, and activities of the state game department in preservation, protection, perpetuation, and
enhancement of the wildlife resources that abound
within the geographical limits of the state of
Washington.
In particular, the legislature recognizes the benefit of
this program to be specifically directed toward those
species of wildlife including but not limited to song
birds, protected wildlife, rare and endangered wildlife,
aquatic life, and specialized-habitat types, both terrestrial and aquatic, as well as all unclassified marine fish,
shellfish, and marine invertebrates which shall remain
under the jurisdiction of the director of fisheries that
exist within the limits of the state of Washington. [1975
c 59 § 7; 1973 lst ex.s. c 200 § I.]
77.12.320 Agreements for propagation, protection of
game--Acceptance of compensation for fish and wildlife losses, gifts, grants--Deposit in special wildlife account. The commission may enter into agreements with
persons, municipal subdivisions of this state, the United
States, or any of its agencies or instrumentalities regarding all matters concerning propagation, protection
and conservation of wild animals, wild birds and game
fish and concerning hunting or fishing therefor.
The commission or the department may at any time
on behalf of the state accept compensation for fish and
wildlife losses or gifts or grants of personal property for
use by the department: Provided, That all compensation received heretofore or hereafter for fish and wildlife
losses shall be deposited in the special wildlife account
of the state game fund established in RCW 77.12.323.
Any other moneys, when received by the commission or
the department, shall currently be delivered to the state
treasurer for deposit in the state game fund. [1975 lst
ex.s. c 207 § l; 1974 ex.s. c 67 § 1; 1955 c 36 § 77.12.320. Prior: 1947 c 275 § 37; Rem. Supp. 1947 §
5992-47.]
77.12.323 Game special wildlife account--Created--Uses--Investments. ( 1) There is established
in the state game fund an account to be known as the
Chapter 77 .32
Licenses
game special wildlife account. All moneys received pursuant to RCW 77.12.320 as now or hereafter amended
as compensation for fish and wildlife losses shall be deposited in the game special wildlife account of the state
game fund and shall be used only for purposes in support of RCW 77.12.010, 77.12.030, and 77.12.175.
(2) The commission may advise the state treasurer
and the state finance committee of any surplus in the
game special wildlife account above the current needs
in support of game and wildlife. The state finance committee may invest and reinvest such surplus of said account as the commission or department deems
appropriate, except as otherwise prohibited by law, in
an investment authorized by RCW 43.84.150, or in securities issued by the United States government as defined by RCW 43.84.080 (I) and (4), and all income
received from such investments shall be deposited to
the credit of the game special wildlife account in the
state game fund. [1975 1st ex.s. c 207 § 2.]
Chapter 77 .16
PROHIBITED ACTS AND PENALTIES
Sections
77.16.020
77.16.030
Taking during closed season--Exceeding bag limits--Taking within reserves.
Possession during closed season or in excess of bag
limits.
77.16.020 Taking during closed season--Exceeding
bag limits--Taking within reserves.
and the year for which it is issued, and any other distinguishing marks deemed necessary by the director.
The tags shall be void on the first day of April next following the date of issuance. [ 1975 1st ex.s. c 15 § l;
1963 c 177 § 10.]
Chapter 77.28
GAME FARMERS
Sections
77.28.020
77.28.020 License fee. The director may cause to be
issued a game farmer's license that shall authorize the
licensee to acquire, grow, breed, keep, or sell all or
some of such species of wild animals, wild birds, and
game fish as may be designated by the commission as
suitable for such acquisition, breeding, growing, keeping, and sale. The cost of such license shall be forty-one
dollars for the first year and twenty-one dollars for
each yearly renewal thereafter. All such licenses shall
expire on December 3 lst annually and application for
renewal shall be made prior thereto. [1975 1st ex.s. c 15
§ 2; 1970 ex.s. c 29 § 14; 1955 c 36 § 77.28.020. Prior:
1947 c 275 § 82; Rem. Supp. 1947 § 5992-91.]
Chapter 77 .32
LICENSES
Sections
77.32.020
Revocation of hunting license for violation of RCW 77.16.020 or 77.16.030--Appeal: RCW 77.32.290.
Possession during closed season or in excess of bag limits.
77.16.030
Revocation of hunting license for violation of RCW 77.16.020 or 77.16.030--Appeal: RCW 77.32.290.
77.32.031
77.32.032
77.32.100
Chapter 77 .20
BEAVER
Sections
77.20.015
Licensed residents may take--Beaver tags required,
fee, style, duration.
77.20.015 Licensed residents may take--Beaver
tags required, fee, style, duration. It shall be lawful for
any resident, licensed under RCW 77.32.190, to trap,
hunt, or kill beaver for their skins in such areas and at
such times as the commission by rule or regulation may
permit.
It shall be unlawful for a licensee to trap, hunt, or kill
beaver without first having procured from the director a
tag or tags to be known as supplemental beaver tags.
The fee for issuing and procuring each tag shall be two
dollars on and after July I, 1975, and shall be paid in
addition to all other license fee prescribed by law. Beaver tags shall be prepared and distributed under the supervision of the director in such number and manner
each year as he deems advisable. The tags shall bear the
name "department of game of the state of Washington"
License fee.
77.32.101
77.32.103
77.32.104
77.32.105
77 .32.106
77.32.110
77.32.111
77.32.113
77.32.114
77.32.130
77.32.131
77.32.150
77.32.151
77.32.160
Supplemental seals--Tags--Permits--Deer, elk,
mountain goat, mountain sheep, wild turkey, bear-Birds--Bow and arrow--Muzzle-loading rifles--Penalties.
Supplemental steelhead seal--Fee, exempt persons,
disposition of moneys from--Penalty. (Section expires March 31, 1976.)
Supplemental steelhead seal--Fee, exempt persons,
disposition of moneys from--Penalty. (Effective
April I, 1976.)
Resident state hunting and fishing license. (Section expires December 31, 1975.)
Resident state hunting and fishing license. (Effective
January I, 1976.)
Resident state hunting license. (Section expires
December 31, 1975.)
Resident state hunting license. (Effective January I,
1976.)
Resident state fishing license. (Section expires December
31, 1975.)
Resident state fishing license. (Effective January 1,
1976.)
Resident county hunting and fishing license. (Section expires December 31, 1975.)
Resident county hunting and fishing license. (Effective
January 1, 1976.)
Resident county fishing license. (Section expires
December 31, 1975.)
Resident county fishing license. (Effective January I,
1976.)
Nonresident state hunting license. (Section expires
December 31, 1975.)
Nonresident state hunting license. (Effective January 1,
1976.)
Nonresident state fishing license. (Section expires
December 31, 1975.)
Nonresident state fishing license. (Effective January I,
1976.)
Transient's limited state fishing license. (Section expires
December 31, 1975.)
(1975 RCW Supp---p
6091
Chapter 77 .32
77.32.161
77.32.190
77.32.191
77.32.195
77.32.200
77.32.201
77.32.210
77.32.211
77.32.225
77.32.226
77.32.255
77.32.256
77.32.290
Title 77:
Game and Game Fish
Trans1ent's limited state fishing license. (Effective January I, 1976.)
Trapper's license. (Section expires December 31, 1975.)
Trapper's license. (Effective January I, 1976.)
Nonresident's or alien's trappers's license.
Taxidermist's license. (Section expires December 31,
1975.)
Taxidermist's license. (Effective January I, 1976.)
Fur dealer's license. (Section expires December 31,
1975.)
Fur dealer's license. (Effective January 1, 1976.)
Fishing guide license-Rules, records, reports. (Section expires December 31, 1975.)
Fishing guide license-Rules, records, reports. (Effective January I, 1976.)
Duplicate licenses and permits. (Section expires
December31, 1975.)
Duplicate licenses and permits. (Effective January I,
1976.)
Revocation of hunting license for violation of RCW 77.16.020 or 77.16.030--Appeal.
77.32.020
Supplemental seals--Tags--Permits--Deer, elk, mountain goat, mountain sheep, wild
turkey, bear--Birds--Bow and arrow--Muzzleloading rifles--Penalties. It shall be unlawful for any
person to hunt or kill deer without first having procured
from the director a tag to be known as a supplemental
deer seal, which tag shall be procured, in addition to
any other license, to hunt game animals required by
law. The fee for issuing and procuring such tag shall be
five dollars on and after July 1, 1975, and shall be paid
in addition to all other license fees prescribed by law. It
shall be unlawful for any person to hunt or kill elk
without first having procured from the director a tag to
be known as a supplemental elk seal, which tag shall be
procured in addition to any other license to hunt game
animals required by law. The fee for issuing and procuring such tag shall be eleven dollars on and after July
1, 1975, and shall be paid in addition to all other license
fees prescribed by law.
It shall be unlawful for any person to hunt or kill
mountain goat without first having procured from the
director a tag to be known as a supplemental goat seal,
which tag shall be procured in addition to any other license to hunt game animals required by law. The fee
for issuing and procuring such tag shall be eleven dollars on and after July 1, 1975, and shall be paid in addition to all other license fees prescribed by law.
It shall be unlawful for any person to hunt or kill
mountain sheep without first having procured from the
director a tag to be known as a supplemental mountain
sheep seal, which tag shall be procured in addition to
any other license to hunt game animals required by law.
The fee for issuing and procuring such tag shall be
eleven dollars on and after July 1, 1975, and shall be
paid in addition to all other license fees prescribed by
law.
It shall be unlawful for any person to hunt or kill
wild turkey without first having procured from the director a tag to be known as a supplemental wild turkey
seal, which tag shall be procured in addition to any
other license to hunt game birds required by law. The
11975 RCW Supp---p 6101
fee for issuing and procuring such tag shall be two dollars until December 31, 1975, and three dollars thereafter and shall be paid in addition to all other license fees
prescribed by law.
It shall be unlawful for any person to hunt or kill
bear in any place where bear is classified as a game animal without first having procured from the director a
tag to be known as a supplemental bear seal, which tag
shall be procured in addition to any other license to
hunt game animals required by law. The fee for issuing
and procuring such tag shall be two dollars until
December 31, 1975, and three dollars thereafter and
shall be paid in addition to all other license fees prescribed by law: Provided, That the director may issue
permits for the control of bears in areas where, in his
opinion, property is being damaged. No tag will be required for any bear killed to control damage.
It shall be unlawful for any nonresident or alien to
hunt or kill elk without first having procured from the
director a tag to be known as a supplemental nonresident elk seal which tag shall be procured in addition to
any other license to hunt game animals required by law.
The fee for issuing and procuring such tag shall be forty-two dollars on and after July 1, 1975, and shall be
paid in addition to all other license fees provided by
law.
It shall be unlawful for any nonresident or alien to
hunt or kill mountain goat without first having procured from the director a tag to be known as a supplemental nonresident goat seal which tag shall be
procured in addition to any other license to hunt game
animals required by law. The fee for issuing and procuring such tag shall be forty-two dollars on and after
July 1, 1975, and shall be paid in addition to all other
license fees prescribed by law.
It shall be unlawful for any nonresident or alien to
hunt or kill mountain sheep without first having procured from the director a tag to be known as a supplemental mountain sheep seal, which tag shall be
pr?cured in ~ddition to any other license to hunt game
am~als reqmred by law. The fee for issuing and procurmg such tag shall be forty-two dollars on and after
July 1, 1975, and shall be paid in addition to all other
license fees prescribed by law.
It shall be unlawful for any person to hunt or kill any
pheasant, quail, or partridge without first having procure~ from the director an upland bird permit, which
permit shall be procured in addition to any other licens~ t~ hunt game animals required by law. The fee
for 1ssmng and procuring such permit shall be three
dollars on and after July 1, 1975.
.It sh~ll be unlawful for any person to hunt or kill
wild ammals or birds with a bow and arrow or muzzleloa~ing rifle during any special seasons established excl~s1vely for bow and arrow or muzzle-loading rifle
without first procuring from the director a permit to be
k~own ~s an archery and/or muzzle-loading rifle permit, w~1ch permit shall be procured in addition to any
other license to hunt game animals or birds required by
law. The fee for issuing and procuring such permit shall
be six dollars on and after July 1, 1975.
Licenses
Such tags or permits shall be in the possession of ~II
persons while engaged in hunting deer, elk, mountam
goat, mountain sheep. wild turkey, bear, pheasant,
quail, or partridge; or any game animals during special
bow and arrow or muzzle-loading rifle seasons. Such
tags or permits shall be prepared by and under the supervision of the director and shall bear the name "department of game of the state of Washington" and the
year for which it is issued, and any other distinguishing
marks deemed necessary by the director, and shall be
void on the first day of April next following the date of
issuance. Any person who kills any deer, elk, mountain
goat. mountain sheep, wild turkey, or bear shall immediately attach his own tag to the carcass of any such
animal or bird and properly seal the same. All moneys
received from the issuance or sale of tags or permits as
provided herein shall be paid into the state game fund.
Any person violating any of the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than twentyfive dollars and not more than two hundred fifty dollars
or by imprisonment in the county jail for not less than
ten days and not more than thirty days or by both such
fine and imprisonment. [1975 1st ex.s. c 15 § 3; 1970
ex.s. c 29 § 1; 1967 c 10 § 1; 1957 c 176 § 1; 1955 c 36 §
77 .32.020. Prior: 1953 c 75 § 1; 1947 c 275 § 94; 1945 c
81 § 7; 1937 c 63 § 2; 1935 c 59 § 4; Rem. Supp. 1947 §
5992-103.]
Effective date-1970 ex.s. c 29: "The effective date of this 1970
amendatory act shall be January I, 1971." [1970 ex.s. c 29 § 16.) This
applies to the 1970 amendments to RCW 77.28.020, 77.32.020, 77.32.060, 77.32.100-77.32.113, 77.32.130--77.32.160, 77.32.190, 77 .32.200,
77.32.225 and to RCW 77.32.255.
77.32.031 Supplemental steelhead seal--Fee, exempt persons, disposition of moneys from--Penalty.
(Section expires March 31, 1976.) It shall be unlawful
for any person to fish for or take steelhead without first
having procured from the director a seal to be known as
a supplemental steelhead seal, which shall be procured,
in addition to any other license, to fish for steelhead required by law. This seal shall be in the possession of all
persons while engaged in fishing for steelhead.
The seal shall be prepared by and under the supervision of the director, and it shall bear the name "Department of Game of the State of Washington'', the
time period for which it is issued, and any other distinguishing marks deemed necessary by the director. The
procuring fee shall be two dollars and shall be in addition to other license fees prescribed by law: Provided,
That this fee shall not apply to juveniles and free license holders. All moneys received from the issuance or
sale of the seal provided herein shall be paid into the
state game fund.
Any person violating any of the provisions of this
section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not less than twentyfive dollars nor more than two hundred fifty dollars or
by imprisonment in the county jail for not less than ten
days nor more than thirty days or by both such fine and
imprisonment.
77.32.101
This section shall expire on March 31, 1976, and
thereafter be of no further force and effect whatsoever.
[1975 1st ex.s. c 15 § 4; 1969 ex.s. c 17 § 1.]
77.32.032 Supplemental steelhead seal--Fee, exempt persons, disposition of moneys from--Penalty.
(Effective April 1, 1976.) It shall be unlawful for any
person to fish for or take steelhead without first having
procured from the director a seal to be known as a
supplemental steelhead seal, which shall be procured, in
addition to any other license, to fish for steelhead required by law. This seal shall be in the possession of all
persons while engaged in fishing for steelhead.
The seal shall be prepared by and under the supervision of the director, and it shall bear the name "Department of Game of the State of Washington", the
time period for which it is issued, and any other distinguishing marks deemed necessary by the director. The
procuring fee shall be three dollars and shall be in addition to other license fees prescribed by law: Provided,
That this fee shall not apply to juveniles and free license holders. All moneys received from the issuance or
sale of the seal provided herein shall be paid into the
state game fund.
Any person violating any of the provisions of this
section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not less than twentyfive dollars nor more than two hundred fifty dollars or
by imprisonment in the county jail for not less than ten
days nor more than thirty days or by both such fine and
imprisonment. [1975 1st ex.s. c 15 § 19.]
Effective dates-1975 1st ex.s. c 15: "Section 19 of this 1975
amendatory act shall be effective April I, 1976. Sections 20 through
32 of this 1975 amendatory act shall be effective January I, 1976."
[1975 !st ex.s. c 15 § 34.] This applies to RCW 77.32.032, 77.32.101,
77.32.104, 77.32.106, 77.32.111, 77.32.114, 77.32.131, 77.32.151,
77.32.161, 77.32.191, 77.32.201, 77.32.211, 77.32.226, and 77.32.256.
77.32.100 Resident state hunting and fishing license.
(Section expires December 31, 1975.) Any resident may
by paying the sum of twelve dollars obtain a state
hunting and fishing license, which shall entitle the
holder thereof to hunt and fish in any county of the
state until the first day of January next following the
date of its issuance, when it is lawful to hunt or fish
therein.
This section shall expire on December 31, 1975, and
thereafter be of no further force and effect whatsoever.
[1975 1st ex.s. c 15 § 5; 1970 ex.s. c 29 § 3; 1965 c 48 §
1; 1957 c 176 § 3; 1955 c 36 § 77.32.100. Prior: 1953 c
75 § 4; 1947 c 128 § 2; Rem. Supp. 1947 § 5897-2.]
77.32.101 Resident state hunting and fishing license.
(Effective January 1, 1976.) Any resident may by paying
the sum of fourteen dollars obtain a state hunting and
fishing license, which shall entitle the holder thereof to
hunt and fish in any county of the state until the first
day of January next following the date of its issuance,
when it is lawful to hunt or fish therein. [ 1975 1st ex.s. c
15 § 20.]
Effective dates-1975 1st ex.s. c 15: See note following RCW
77.32.032.
[1975 RCW Supp--p 6111
77.32.103
Title 77:
Game and Game Fish
77 .32.103 Resident state hunting license. (Section
expires December 31, 1975.) Any resident may by paying the sum of six dollars and fifty cents obtain a state
hunting license which shall entitle the holder thereof to
hunt in any county of the state until the first day of
January next following the date of its issuance, when it
is lawful to hunt therein.
This section shall expire on December 3 L 1975. and
thereafter be of no further force and effect whatsoever.
[1975 1st ex.s. c 15 § 6; 1970 ex.s. c 29 § 4; 1965 c 48 §
2; 1957 c 176 § 4: 1955 c 36 § 77.32.103. Prior: 1953 c
75 § 5.]
77 .32.104 Resident state hunting license. (Effective
January 1. 1976.) Any resident may by paying the sum
of seven dollars and fifty cents obtain a state hunting
license which shall entitle the holder thereof to hunt in
any county of the state until the first day of January
next following the date of its issuance, when it is lawful
to hunt therein. [1975 1st ex.s. c 15 § 21.]
Effective dates-1975 1st ex.s. c 15: See note following RCW
77.32.032.
77 .32.105 Resident state fishing license. (Section
expires December 31, 1975.) Any resident may by paying the sum of seven dollars and fifty cents obtain a
state fishing license which shall entitle the holder thereof to fish in any county of the state until the first day of
January next following the date of its issuance, when it
is lawful to fish therein.
This section shall expire on December 31, 1975, and
thereafter be of no further force and effect whatsoever.
[1975 !st ex.s. c 15 § 7; 1970 ex.s. c 29 § 5; 1965 c 48 §
3; 1957 c 176 § 5: 1955 c 36 § 77.32.105. Prior: 1953 c
75 § 6.]
77 .32.106 Resident state fishing license. (Effective
January 1, 1976.) Any resident may by paying the sum
of eight dollars and fifty cents obtain a state fishing license which shall entitle the holder thereof to fish in
any county of the state until the first day of January
next following the date of its issuance, when it is lawful
to fish therein. [ 197 5 1st ex.s. c 15 § 22.]
Effective dates-1975 1st ex.s. c 15: See note following RCW
77.32.032.
77 .32.110 Resident county hunting and fishing license. (Section expires December 31, 1975.) Any resident may by paying the sum of eight dollars obtain a
hunting and fishing license, which shall entitle the
holder thereof to hunt and fish within the county in
which he resides and for which the license is issued until the first day of January next following the date of issuance, when it is lawful to hunt or fish therein.
This section shall expire on December 31, 1975, and
thereafter be of no further force and effect whatsoever.
[1975 !st ex.s. c 15 § 8; 1970 ex.s. c 29 § 6; 1965 c 48 §
4: 1957 c 176 § 6; 1955 c 36 § 77.32.110. Prior: 1953 c
75 § 7; 1947 c 128 §I: Rem. Supp. 1947 § 5897-1.]
(1975 RCW Supp--p 6121
77.32.111 Resident county hunting and fishing license. (Effective January 1, 1976.) Any resident may
by paying the sum of nine dollars obtain a hunting and
fishing license, which shall entitle the holder thereof to
hunt and fish within the county in which he resides and
for which the license is issued until the first day of January next following the date of issuance, when it is
lawful to hunt or fish therein. [1975 1st ex.s. c 15 § 23.]
Effective dates-1975 1st ex.s. c 15: See note following RCW
75.32.032.
77.32.113 Resident county fishing license. (Section
expires December 31, 1975.) Any resident may by paying the sum of six dollars obtain a fishing license which
shall entitle the holder thereof to fish within the county
in which he resides and for which the license is issued
until the first day of January next following the date of
issuance, when it is lawful to fish therein.
This section shall expire on December 31, 1975, and
thereafter be of no further force and effect whatsoever.
[1975 1st ex.s. c 15 § 9; 1970 ex.s. c 29 § 7; 1965 c 48 §
5; 1957 c 176 § 7; 1955 c 36 § 77.32.113. Prior: 1953 c
75 § 8.]
77.32.114 Resident county fishing license. (Effective
January 1, 1976.) Any resident may by paying the sum
of seven dollars obtain a fishing license which shall entitle the holder thereof to fish within the county in
which he resides and for which the license is issued until the first day of January next following the date of issuance, when it is lawful to fish therein. [ 1975 1st ex.s. c
15 § 24.]
Effective dates-1975 1st ex.s. c 15: See note following RCW
77.32.032.
77.32.130 Nonresident state hunting license. (Section expires December 31, 1975.) Any nonresident or
alien may by paying the sum of fifty dollars obtain a
hunting license which shall entitle the holder thereof to
hunt in any county of the state until the first day of
January next following the date of issuance, when it is
lawful to hunt therein.
This section shall expire on December 31, 1975, and
thereafter be of no further force and effect whatsoever.
[1975 1st ex.s. c 15 § 10; 1970 ex.s. c 29 § 8; 1957 c 176
§ 8; 1955 c 36 § 77.32.130. Prior: 1953 c 75 § 9; 1947 c
275 § 102; 1931 c 108 § 5; 1927 c 258 § 8; 1925 ex.s. c
178 § 44; Rem. Supp. 1947 § 5992-111.]
77.32.131 Nonresident state hunting license. (Effective. January 1, 1976.) Any nonresident or alien may by
paymg the sum of sixty dollars obtain a hunting license
which shall entitle the holder thereof to hunt in any
county of the state until the first day of January next
following the date of issuance, when it is lawful to hunt
therein. [1975 1st ex.s. c 15 § 25.]
Effective dates-1975 1st ex.s. c 15: See note following RCW
77.32.032.
77.32.150
Nonresident state fishing license.
(Sec-
ti~n expires December 31, 1975.) Any nonresident or
ahen may by paying the sum of twenty dollars obtain a
77.32.211
Licenses
state fishing license, which shall entitle the holder
thereof to fish in any county of the state until the first
day of January next following the date of issuance,
when it is lawful to fish therein.
This section shall expire on December 31, 1975, and
thereafter be of no further force and effect whatsoever.
[1975 lst ex.s. c 15 § 11; 1970 ex.s. c 29 § 9; 1957 c 176
§ 9; 1955 c 36 § 77.32.150. Prior: 1953 c 75 § 11; 1949 c
205 § 4; 1947 c 275 § 104; 1931 c 108 § 5; 1927 c 258 §
8; 1925 ex.s. c 178 § 44; Rem. Supp. 1949 § 5992-113.]
77.32.151 Nonresident state fishing license. (Effective January 1, 1976.) Any nonresident or alien may by
paying the sum of twenty-four dollars obtain a state
fishing license, which shall entitle the holder thereof to
fish in any county of the state until the first day of January next following the date of issuance, when it is
lawful to fish therein. [1975 lst ex.s. c 15 § 26.]
Effective dates-1975 1st ex.s. c 15: See note following RCW
77.32.032.
77.32.160 Transient's limited state fishing license.
(Section expires December 31, 1975.) Any nonresident
or alien who is temporarily sojourning in the state may
by paying the sum of six dollars obtain a state fishing
license, which shall entitle the holder thereof to fish in
any county of the state for a period of seven days following the date of its issuance, when it is lawful to fish
therein: Provided, That the license under this section
shall not entitle the holder thereof to fish for steelhead
during the winter steelhead seasons as established by
rule or regulation of the commission.
This section shall expire on December 31, 1975, and
thereafter be of no further force and effect whatsoever.
[1975 lst ex.s. c 15 § 12; 1970 ex.s. c 29 § 10; 1957 c 176
§ 10; 1955 c 36 § 77.32.160. Prior: 1953 c 75 § 12; 1947
c 275 § 105; 1931c108 § 6; 1925 ex.s. c 178 § 45; Rem.
Supp. 1947 § 5992-114.]
77.32.161 Transient's limited state fishing license.
(Effective January 1, 1976.) Any nonresident or alien
who is temporarily sojourning in the state may by paying the sum of seven dollars and twenty-five cents ob··
tain a state fishing license, which shall entitle the holder
thereof to fish in any county of !he state for a period of
seven days following the date of its issuance, when it is
lawful to fish therein: Provided, That the license under
this section shall not entitle the holder thereof to fish
for steelhead during the winter steelhead seasons as established by rule or regulation of the commission. [1975
lst ex.s. c 15 § 27.]
Effective dates-1975 1st ex.s. c 15: See note following RCW
77.32.032.
77.32.190 Trapper's license. (Section expires
December 31, 1975.) Any resident may by paying the
sum of ten dollars obtain a state trapping license which
shall entitle the holder thereof to trap forbearing animals for their hides or their pelts only, within any
county of the state until the first day of April next following the date of its issuance, at any time when it is
lawful to trap such animals.
This section shall expire on December 31, 1975, and
thereafter be of no further force and effect whatsoever.
[1975 lst ex.s. c 15 § 13; 1970 ex.s. c 29 § 11; 1963 c 177
§ 7; 1957 c 176 § 11; 1955 c 36 § 77.32.190. Prior: 1947
c 275 § 108; 1929 c 221 § 4; 1925 ex.s. c 178 § 51; Rem.
Supp. 1947 § 5992-117.]
77.32.191 Trapper's license. (Effective January 1,
1976.) Any resident may by paying the sum of eleven
dollars obtain a state trapping license which shall entitle
the holder thereof to trap forbearing animals for their
hides or their pelts only, within any county of the state
until the first day of April next following the date of its
issuance, at any time when it is lawful to trap such animals. [1975 lst ex.s. c 15 § 28.]
Effective dates-1975 1st ex.s. c 15: See note following RCW
77.32.032.
77.32.195 Nonresident's or alien's trapper's license.
Any nonresident or alien may by paying the sum of
fifty dollars obtain a state trapping license which shall
entitle the holder thereof to trap forbearing animals for
their hides or their pelts only, within any county of the
state until the first day of April next following the date
of its issuance, at any time when it is lawful to trap
such animals. [1975 lst ex.s. c 15 § 14.]
77.32.200 Taxidermist's license. (Section expires
December 31, 1975.) Any person may by paying the
sum of ten dollars obtain a license, which shall entitle
him to practice taxidermy for profit in any county of
the state until the first day of January next following
the date of its issuance.
This section shall expire on December 31, 1975, and
thereafter be of no further force and effect whatsoever.
[1975 lst ex.s. c 15 § 15; 1970 ex.s. c 29 § 12; 1955 c 36
§ 77.32.200. Prior: 1947 c 275 § 109; Rem. Supp. 1947 §
5992-118.]
77.32.201 Taxidermist's license. (Effective January
1, 1976.) Any person may by paying the sum of eleven
dollars obtain a license, which shall entitle him to practice taxidermy for profit in any county of the state until
the first day of January next following the date of its
issuance. [1975 lst ex.s. c 15 § 29.]
Effective dates-1975 1st ex.s. c 15: See note following RCW
77.32.032.
77.32.210 Fur dealer's license. (Section expires
December 31, 1975.) Any person may, by paying the
sum of ten dollars, obtain a license, which shall entitle
the holder thereof to purchase, receive, or resell raw
furs for profit in any county of the state until the first
day of January next following the date of its issuance.
This section shall expire on December 31, 1975, and
thereafter be of no further force and effect whatsoever.
[1975 1st ex.s. c 15 § 16; 1955 c 36 § 77.32.210. Prior:
1947 c 275 § 110; Rem. Supp. 1947 § 5992-119.]
77.32.211 Fur dealer's license. (Effective January 1,
1976.) Any person may, by paying the sum of eleven
dollars, obtain a license, which shall entitle the holder
(1975 RCW Supp--p 6131
77.~2.211
Title 77:
Game and Game Fish
thereof to purchase. receive. or resell raw furs for profit
in any county of the state until the first day of January
next following the date of its issuance. [1975 !st ex.s. c
15 § 30.]
Effective dates-1975 1st ex.s. c 15: See note following RCW
77.32.032.
77 .32.225 Fishing guide license-Rules, records,
reports. (Section expires December 31, 1975.) A fishing
guide license shall be obtained by every person who offers services or who performs the services of a professional guide for others in the taking of game fish.
The fee for such license is seventy-five dollars for a
resident and one hundred fifty dollars for a nonresident
or alien which shall entitle the holder thereof to act as a
fishing guide in any county of the state until the first
day of January next following the date of its issuance.
The commission may adopt rules and regulations requiring records to be kept and reports to be made by
fishing guides concerning the activities of their clients
with respect to the time, manner, and place of taking
any game fish by such clients, the quantities taken by
them, and such other information as may be helpful in
enforcing the provisions of the game code or the rules
and regulations of the commission. Such rules and regulations may prescribe the form of such records and reports and may require fishing guides to keep such
records current while performing their services, and to
display the same, and may authorize the director to
prepare and distribute to fishing guides the forms for
such records and reports.
This section shall expire on December 31, 1975, and
thereafter be of no further force and effect whatsoever.
[1975 1st ex.s. c 15 § 17: 1970 ex.s. c 29 § 13: 1957 c 176
§ 13.]
77.32.226 Fishing guide license-Rules, records,
reports. (Effective January l, 1976.) A fishing guide license shall be obtained by every person who offers
services or who performs the services of a professional
guide for others in the taking of game fish.
The fee for such license is seventy-six dollars for a
resident and one hundred fifty dollars for a nonresident
or alien which shall entitle the holder thereof to act as a
fishing guide in any county of the state until the first
day of January next following the date of its issuance.
The commission may adopt rules and regulations requiring records to be kept and reports to be made by
fishing guides concerning the activities of their clients
with respect to the time, manner, and place of taking
any game fish by such clients, the quantities taken by
them, and such other information as may be helpful in
enforcing the provisions of the game code or the rules
and regulations of the commission. Such rules and regulations may prescribe the form of such records and reports and may require fishing guides to keep such
records current while performing their services, and to
display the same, and may authorize the director to
prepare and distribute to fishing guides the forms for
such records and reports. [ 1975 I st ex.s. c 15 § 31.]
Effective dates--1975 1st ex.s. c 15: See note following RCW
77.32.032.
(1975 RCW Supp--p 6141
77 .32.255 Duplicate licenses and permits. (Section
expires December 31, 1975.) In the case of loss, mutilation or destruction of a license certificate or permit certificate issued under the provisions of Title 77 RCW,
the director shall issue a duplicate thereof upon proof
of the facts and payment of a fee of one dollar.
This section shall expire on December 31, 1975, and
thereafter be of no further force and effect whatsoever.
[1975 1st ex.s. c 15 § 18; 1970 ex.s. c 29 § 15.]
77.32.256 Duplicate licenses and permits. (Effective
January l, 1976.) In the case of loss, mutilation or destruction of a license certificate or permit certificate issued under the provisions of Title 77 RCW, the director
shall issue a duplicate thereof upon proof of the facts
and payment of a fee of two dollars. [1975 1st ex.s. c 15
§ 32.]
Effective dates-1975 1st ex.s. c 15: See note following RCW
77.32.032.
77.32.290 Revocation of hunting license for violation
of RCW 77.16.020 or 77.16.030--Appeal. In addition
to any other penalties provided by law, the director
shall revoke the hunting license of any person who is
convicted of violating RCW 77.16.020 or 77.16.030 relating to elk, moose, cougar, antelope, mountain goat,
mountain sheep, caribou, bear or deer. Forfeiture of
bail on two occasions during any five-year period for
violations of RCW 77.16.020 or 77 .16.030 shall constitute the basis for a revocation under this section.
No hunting license shall thereafter be reissued to
such person for a period of two years from the date of
revocation unless the commission, after a hearing held
at one of its regular meetings, authorizes the issuance of
such license.
Any person who has had his license revoked or has
been denied reissuance pursuant to this section may
appeal such decision as provided in chapter 34.04
RCW. [1975 1st ex.s. c 6 § I.]
Title 78
MINES, MINERALS, AND PETROLEUM
Chapters
78.48 Mine to market roads.
Chapter 78.48
MINE TO MARKET ROADS
Sections
78.48.010
through 78.48.080 Repealed.
78.48.010 through 78.48.080 Repealed. See Supplementary Table of Disposition of Former RCW Sections,
this volume.
Title 79
PUBLIC LANDS
Public Lands Act
Chapters
79.01 Public lands act.
79.08 General provisions.
Chapter 79.01
PUBLIC LANDS ACT
Sections
79.01.132
79.01.200
Timber and valuable materials sold separately-Lump
sum sales or scale sales-Installment purchases,
when-Time limit on removal-ReversionExtensions, payment and interest-Direct sale to
applicant without notice, when.
Sale procedure-Sales at auction or by sealed bidMinimum price-Exception as to minor sale of
valuable materials at auction-Direct sale to applicant without notice, when.
79.01.132 Timber and valuable materials sold separately--Lump sum sales or scale sales--Installment
purchases, when--Time limit on removal--Reversion--Extensions, payment and interest--Direct sale
to applicant without notice, when. When any timber,
fallen timber, stone, gravel, or other valuable material
on state lands is sold separate from the land, it may be
sold as a lump sum sale or as a scale sale: Provided,
That upon the request of the purchaser, any lump sum
sale over five thousand dollars appraised value shall be
on the installment plan. Lump sum sales under five
thousand dollars appraised value shall be paid for in
cash. The initial deposits required in RCW 79.01.204,
not to exceed twenty-five percent of the actual or projected purchase price, but in the case of lump sum sales
over five thousand dollars not less than five thousand
dollars, shall be made on the day of the sale. The purchaser shall notify the department of natural resources
before any timber is cut and before removal or processing of any valuable materials on the sale area, at which
time the department of natural resources may require,
in the amount determined by the department, advance
payment for the removal, processing, and/or cutting of
timber or other valuable materials, or payment bonds
or assignments of savings accounts acceptable to the
department as adequate security. The amount of such
advance payments and/or security shall at all times
equal or exceed the value of timber cut and other valuable materials processed or removed until paid for. The
initial deposit shall be maintained until all contract obligations of the purchaser are satisfied: Provided however, That all or a portion of said initial deposit may be
applied as the final payment for said materials in the
event the department of natural resources determines
that adequate security exists for the performance or fulfillment of any remaining obligations of the purchaser
under the sale contract.
In all cases where timber, fallen timber, stone, gravel,
or other valuable material is sold separate from the
land, the same shall revert to the state if not removed
from the land within the period specified in the sale
contract. Said specified period shall not exceed five
years from the date of the purchase thereof: Provided,
That the specified periods in the sale contract for stone,
sand, fill material, or building stone shall not exceed
twenty years: Provided further, That in all cases where,
79.01.200
in the judgment of the department of natural resources,
the purchaser is acting in good faith and endeavoring to
remove such materials, the department of natural resources may extend the time for the removal thereof for
any period not exceeding twenty years from the date of
purchase for the stone, sand, fill material or building
stone or for a total of ten years beyond the normal termination date specified in the original sale contract for
all other material, upon payment to the state of a sum
to be fixed by the department of natural resources,
based on the estimated loss of income per acre to the
state resulting from the granting of the extension but in
no event less than fifty dollars per extension, plus interest on the unpaid portion of the contract. The interest
rate shall be fixed, from time to time, by rule adopted
by the board of natural resources and shall not be less
than six percent per annum. The applicable rate of interest as fixed at the date of sale and the maximum extension payment shall be set forth in the contract. The
method for calculating the unpaid portion of the contract upon which such interest shall be paid by the purchaser shall be set forth in the contract. The department
of natural resources shall pay into the state treasury all
sums received for such extension and the same shall be
credited to the fund to which was credited the original
purchase price of the material so sold: And provided
further, That any sale of timber, fallen timber, stone,
gravel, sand, fill material, or building stone of an appraised value of five hundred dollars or less may be
sold directly to the applicant for cash at full appraised
value without notice or advertising. [ 1975 1st ex.s. c 52
§ l; 1971ex.s.c123 § l; 1969 ex.s. c 14 § 2; 1961c73 §
1; 1959 c 257 § 13; 1927 c 255 § 33; RRS § 7797-33.
Prior: 1915 c 147 § 2; 1909 c 223 § 3; 1907 c 256 § 6;
1901 c 148 § l; 1899 c 129 § l; 1897 c 89 § 12; 1895 c
178 § 23. Formerly RCW 79.12.120.]
79.01.200 Sale procedure-Sales at auction or by
sealed bid--Minimum price-Exception as to minor
sale of valuable materials at auction--Direct sale to
applicant without notice, when. All sales of land shall be
at public auction, and all sales of valuable materials
shall be at public auction or by sealed bid to the highest
bidder, on the terms prescribed by law and as specified
in the notice hereinbefore provided, and no land or
materials shall be sold for less than its appraised value:
Provided, That on public lands granted to the state for
educational purposes sealed bids may be accepted for
sales of timber or stone only: Provided further, That
when valuable material has been appraised at an
amount not exceeding ten thousand dollars, the commissioner of public lands, when authorized by the
board of natural resources, may arrange for the sale at
public auction of said valuable material and for its removal under such terms and conditions as the commissioner may prescribe, after said commissioner shall have
caused to be published ten days prior to sale a notice of
such sale in a newspaper of general circulation located
nearest to property to be sold: And provided further,
That any sale of timber, fallen timber, stone, gravel,
sand, fill material, or building stone of an appraised
[1975 RCW Supp--p 6151
79.01.200
Title 79:
value of five hundred dollars or less may be sold directly to the applicant for cash without notice or advertising. (1975 !st ex.s. c 45 § I; 1971 ex.s. c 123 § 3; 1969
ex.s. c 14 § 4; 1961c73 § 3; 1959 c 257 § 21; 1933 c 66
§ I; 1927 c 255 § 50; RRS § 7797-50. Prior: 1923 c 19 §
I; 1913 c 36 §I; 1909 c 223 § 4; 1907 c 152 §I; 1897 c
89 § 14; 1895 c 178 § 28. Formerly RCW 79.12.340.]
Chapter 79.08
GENERAL PROVISIONS
Sections
79.08.015
Exchange of land under control of department of natural resources-Public notice-News releaseHearing--Procedure.
79.08.015 Exchange of land under control of department of natural resources--Public notice---News release---Hearing--Procedure. At least ten days but
not more than twenty-five days before the department
of natural resources presents a proposed exchange to
the board of natural resources involving an exchange of
any lands under the administrative control of the department of natural resources, the department shall
hold a public hearing on the proposal in the county
where the state land or the greatest proportion thereof
is located. Ten days but not more than twenty-five days
prior to such hearing, the department shall publish a
paid public notice of reasonable size in display advertising form, setting forth the date, time, and place of the
hearing, at least once in one or more daily newspa~ers
of general circulation in the county and at least once in
one or more weekly newspapers circulated in the area
where the state owned land is located. A news release
pertaining to the hearing shall be disseminated among
printed and electronic media in the area where the state
land is located. The public notice and news release also
shall identify lands involved in the proposed exchange
and describe the purposes of the exchange and proposed use of the lands involved. A summary of the testimony presented at the hearings shall be prepared for
the board's consideration when reviewing the department's exchange proposal. If there is a failure to substantially comply with the procedures set forth in this
section, then the exchange agreement shall be subject to
being declared invalid by a court. Any such suit must
be brought within one year from the date of the exchange agreement. (1975 1st ex.s. c 107 § 2.]
Exchange of state land by parks and recreation commission, procedure: RCW 43.51.215.
SUBJECT INDEX-PUBLIC LAND ACTS OF SPECIAL OR
HISTORICAL NATURE NOT CODIFIED IN RCW
Kitsap County, transfer of land from state for recreational purposes ......................... 1975 lst ex.s c 27
Title 80
PUBLIC UTILITIES
(1975 RCW Supp--p 616)
Public Lands
Chapters
80.36 Telephone and telegraph companies.
Chapter 80.36
TELEPHONE AND TELEGRAPH COMPANIES
Sections
80.36.225
Pay telephones-Calls to operator without charge or
coin insertion to be provided.
80.36.225 Pay telephones--Calls to operator without charge or coin insertion to be provided."No later than
December 31, 1980, all telephone companies doing
business in this state and utilizing coin pay telephones
shall provide a system whereby calls may be made to
the operator without charge and without requiring the
insertion of any coins into such pay telephone: Provided, That the commission may grant an extension of
time on a showing of unjust and unreasonable hardship.
(1975 c 21 § l.]
Emergency calls, yielding line: Chapter 70.85 RCW.
Title 81
TRANSPORTATION
Chapters
81.53 Railroads--Crossings.
Chapter 81.53
RAILROADS-CROSSINGS
Sections
81.53.271
81.53.281
81.53.295
81.53.900
Crossing signals, warning devices--Petition, contents-Apportionment of installation and maintenance costs.
Crossing signals, warning devices-Grade crossing
protective fund-Created--Transfer of funds-Federal funding--Allocations from, procedureRecovery of costs.
Crossing signals, warning devices, etc.-Federal funds
used to pay installation costs--State and local authority to pay remaining installation costs--Railroad to pay maintenance costs-Apportionment.
Effective date--1975 lst ex.s. c 189.
81.53.271 Crossing signals, warning devices--Petition, contents--Apportionment of installation and
maintenance costs. The petition shall set forth by description the location of the crossing or crossings, the
type of signal or other warning device to be installed,
the necessity from the standpoint of public safety for
such installation, the approximate cost of installation,
and the approximate annual cost of maintenance. If the
commission directs the installation of a grade crossing
protective device, the cost of which is eligible for federal
aid matching funds of at least sixty percent of the installation costs and such federal funds are used, both
installation and maintenance costs of the device shall
be apportioned in accordance with the provisions of
RCW 81.53.295. Otherwise if installation is directed by
the commission, it shall apportion the cost of installation and maintenance as provided in this section:
Railroads--Crossings
Installation: (1) Sixty percent to the grade crossing
protective fund, created by RCW 81.53.281;
(2) Thirty percent to the city, town, county or state;
and
(3) Ten percent to the railroad:
Provided, That, if the proposed installation is located
at a new crossing requested by a city, town, county or
state, forty percent of the cost shall be apportioned to
the city, town, county or state, and none to the railroad.
If the proposed installation is located at a new crossing
requested by a railroad, then the entire cost shall be
apportioned to the railroad. In the event the city, town,
county, or state should concurrently petition the commission and secure an order authorizing the closure of
an existing crossing or crossings in proximity to the
crossing for which installation of signals or other warning devices shall have been directed, the apportionment
to the petitioning city, town, county, or state shall be
reduced by ten percent of the total cost for each crossing ordered closed and the apportionment from the
grade crossing protective fund increased accordingly.
This exception shall not be construed to permit a
charge to the grade crossing protective fund in an
amount greater than the total cost otherwise apportionable to the city, town, county, or state. No reduction
shall be applied where one crossing is closed and another opened in lieu thereof, nor to crossings of a private nature.
Maintenance: (1) Twenty-five percent to the grade
crossing protective fund, created by RCW 81.53.281;
and
(2) Seventy-five percent to the railroad:
Provided, That if the proposed installation is located
at a new crossing requested by a railroad, then the entire cost shall be apportioned to the railroad. [1975 1st
ex.s. c 189 § 1; 1973 1st ex.s. c 77 § 1; 1969 c 134 § 2.)
81.53.281 Crossing signals, warning devices-Grade crossing protective fund--Created--Transfer
of funds--Federal funding--Allocations from, procedure-Recovery of costs. There is hereby created in
the state treasury a "grade crossing protective fund," to
which shall be transferred all moneys appropriated for
the purpose of carrying out the provisions of RCW 81.53.261, 81.53.271, 81.53.281 and 81.53.291. The amount
of any transfer from the motor vehicle fund to the
grade crossing protective fund and the amount of any
appropriation (exclusive of any reappropriation of
funds appropriated in the prior biennium) from the
grade crossing protective fund for the installation of
grade crossing protective devices in any biennium shall
be reduced by an amount equal to sixty percent of the
cost of the installation of any such device (installed and
apportioned at the direction of the commission pursuant to RCW 81.53.271 ), and an amount equal to such
reduction shall forthwith be transferred back to the
motor vehicle fund, whenever the cost of installation is
paid in part from federal aid matching funds and the
total cost of installation is apportioned in accordance
with the provisions of RCW 81.53.295: Provided, That
not more than twenty-five percent of the transfer from
the motor vehicle fund and the appropriation from the
81.53.900
grade crossing protective fund for installation purposes
in any biennium shall be reduced as provided in this
section as a result of the installation of grade crossing
protective devices on any highway, road or street on the
federal aid system: Provided further, That whenever the
unobligated balance in the grade crossing protective
fund available for the installation of grade crossing
protective devices is reduced to one hundred thousand
dollars in any biennium, the above provisions for reducing the appropriation from said fund and the transfers back to the motor vehicle fund shall be suspended
and the one hundred thousand dollars remaining in the
grade crossing protective fund shall remain available for
expenditure as authorized by appropriation. At the time
the commission makes each allocation of cost to said
grade crossing protective fund, it shall certify that such
cost shall be payable out of said fund. Upon completion of the installation of any such signal or other protective device, the railroad shall present its claim for
reimbursement for the cost of installation from said
fund of the amount allocated thereto by the commission. The annual cost of maintenance shall be presented
and paid in a like manner. The commission is hereby
authorized to recover administrative costs from said
fund in an amount not to exceed three percent of the
direct appropriation provided for any biennium, and in
the event administrative costs exceed three percent of
the appropriation, the excess shall be chargeable to regulatory fees paid by railroads pursuant to RCW 81.24.010. [1975 1st ex.s. c 189 § 2; 1973 c 115 § 4; 1969 c
134 § 3.)
81.53.295 Crossing signals, warning devices, etc.-Federal funds used to pay installation costs--State and
local authority to pay remaining installation costsRailroad to pay maintenance costs--Apportionment.
Whenever federal funds are available and are used to
pay a portion of the cost of installing a grade crossing
protective device at a railroad crossing of any state
highway, city or town street, or county road at the then
prevailing federal aid matching rate, the state or local
authority having jurisdiction of such highway, street, or
road shall pay the remaining cost of such installation.
The railroad whose road is crossed by the highway,
street, or road shall thereafter pay the entire cost of
maintaining the device: Provided, That if such device is
installed at the direction of the commission pursuant to
RCW 81.53.271 and results in a reduction in the
amount of the appropriation to the grade crossing protective fund pursuant to RCW 81.53.281, then the cost
of maintaining the device shall be apportioned by the
commission:
(1) Twenty-five percent to the grade crossing protective fund, created by RCW 81.53.281, and
(2) Seventy-five percent to the railroad. [1975 1st ex.s.
c 189 § 3.)
81.53.900 Effective date--1975 1st ex.s. c 189.
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
[1975 RCW Supp--p 6171
81.53.900
Title 81:
public institutions. and shall take effect July l, 1975.
[1975 lst ex.s. c 189 § 4.]
Title 82
EXCISE TAXES
Chapters
82.03 Board of tax appeals.
82.04 Business and occupation tax.
82.08 Retail sales tax.
82.12 Use tax.
82.14 Counties, cities and metropolitan municipal corporations--Retail sales and use taxes.
82.16 Public utility tax.
82.20 Tax on conveyances.
82.24 Tax on cigarettes.
82.26 Tax on tobacco products.
82.32 General administrative provisions.
82.34 Pollution control facilities-Tax exemptions
and credits.
82.38 Special fuel tax act.
82.44 Motor vehicle excise.
82.48 Aircraft excise.
82.50 Mobile homes, travel trailers and campers
excise.
Chapter 82.03
BOARD OF TAX APPEALS
Sections
82.03.190
Appeal to board from denial of petition or notice of determination as to reduction or refund-Procedure.
82.03.190 Appeal to board from denial of petition or
notice of determination as to reduction or refund-Procedure. Any person having received notice of a denial of a petition or a notice of determination made under RCW 82.32.160 and 82.32.170 may appeal, within
thirty days from the date of the notice of such denial or
determination, to the board of tax appeals. In the notice
of appeal the taxpayer shall set forth the amount of the
tax which he contends should be reduced or refunded
and the reasons for such reduction or refund, in accordance with rules of practice and procedure prescribed by the board. The appeal shall be perfected by
serving a copy of the notice of appeal upon the department of revenue within the time specified herein and by
filing the original thereof with proof of service with the
clerk of the board: Provided, however. That if the notice of appeal relates to an application made to the department of revenue under chapter 82.34 RCW, the
taxpayer shall set forth the amount to which the taxpayer claims the credit or exemption should apply, and
the grounds for such contention, in accordance with
rules of practice and procedure prescribed by the board.
If the taxpayer intends that the hearing before the
board be held pursuant to the administrative procedure
act (chapter 34.04 RCW), the notice of appeal shall also
so state. In the event that the notice of appeal does not
so state, the department may, within ten days from the
date of its receipt of the notice of appeal, file with the
11975 RCW Supp--p 6181
Transportation
clerk of the board notice of its intention that the hearing be held pursuant to the administrative procedure
act. [1975 !st ex.s. c 158 § 3; 1967 ex.s. c 26 § 48.]
Effective date--1975 1st ex.s. c 158: See note following RCW
82.34.050.
Chapter 82.04
BUSINESS AND OCCUPATION TAX
Sections
82.04.020
82.04.050
82.04.090
82.04.120
82.04.190
82.04.260
82.04.280
82.04.300
82.04.443
82.04.450
82.04.460
82.04.470
82.04.480
82.04.490
"Tax year", "taxable year".
"Sale at retail", "retail sale"
"Value proceeding or accruing"
"To manufacture"
"Consumer"
Tax on buyer and wholesaler of grains and dry peasFlour manufacturers-Seafood products manufacturers-Fruit and vegetable processors-Aluminum manufacturers--Research and development
organizations-Perishable meat products processors
and wholesalers-Nuclear fuel assemblies-Travel
agents.
Tax on printers, publishers, highway contractors, extracting or processing for hire, cold storage warehouse
operation, insurance general agents, radio and television broadcasting, consumer as defined in RCW
82.04.190(6).
Exemptions-Based on monthly gross or yearly gross.
Credit for property taxes paid on business inventories-Definitions.
Value of products, how determined.
Business within and without state--Apportionment.
Resale certificate-Burden of proof.
Sales in own name--Sales as agent.
Tax payable monthly-Returns--Monthly estimate
and quarterly returns, procedure.
82.04.020 "Tax year", "taxable year". "Tax year" or
"taxable year" means either the calendar year, or the
taxpayer's fiscal year when permission is obtained from
the department of revenue to use a fiscal year in lieu of
the calendar year. [1975 !st ex.s. c 278 § 39; 1961c15 §
82.04.020. Prior: 1955 c 389 § 3; prior: 1949 c 228 § 2,
part; 1945 c 249 § 1, part; 1943 c 156 § 2, part; 1941 c
178 § 2, part; 1939 c 225 § 2, part; 1937 c 227 § 2, part;
1935 c 180 § 5; Rem. Supp. 1949 § 8370-5, part.]
Construction-Severability--1975 1st ex.s. c 278: See notes followin-g RCW 11.08.160.
82.04.050 "Sale at retail", "retail sale". "Sale at retail" or "retail sale" means every sale of tangible personal property (including articles produced, fabricated,
or imprinted) to all persons irrespective of the nature of
their business and including, among others, without
limiting the scope hereof, persons who install, repair,
clean, alter, improve, construct, or decorate real or personal property of or for consumers other than a sale to
a person who (a) purchases for the purpose of resale as
tangible personal property in the regular course of
business without intervening use by such person, or (b)
installs, repairs, cleans, alters, imprints, improves, constructs, or decorates real or personal property of or for
consumers, if such tangible personal property becomes
an ingredient or component of such real or personal
property without intervening use by such person, or (c)
purchases for the purpose of consuming the property
Business And Occupation Tax
purchased in producing for sale a new article of tangible personal property or substance, of which such
property becomes an ingredient or component or is a
chemical used in processing, when the primary purpose
of such chemical is to create a chemical reaction directly through contact with an ingredient of a new article
being produced for sale. The term shall include every
sale of tangible personal property which is used or consumed or to be used or consumed in the performance of
any activity classified as a "sale at retail" or "retail
sale" even though such property is resold or utilized as
provided in (a), (b), or (c) above following such use.
The term also means every sale of tangible personal
property to persons engaged in any business which is
taxable under RCW 82.04.280, subsections (2) and (7)
and RCW 82.04.290.
The term "sale at retail" or "retail sale" shall include
the sale of or charge made for tangible personal property consumed and/or for labor and services rendered
in respect to the following: (a) The installing, repairing,
cleaning, altering, imprinting, or improving of tangible
personal property of or for consumers, including
charges made for the mere use of facilities in respect
thereto, but excluding charges made for the use of coin
operated laundry facilities when such facilities are situated in an apartment house, hotel, motel, rooming
house, trailer camp or tourist camp for the exclusive use
of the tenants thereof, and also excluding sales of laundry service to members by nonprofit associations composed exclusively of nonprofit hospitals, and excluding
services rendered in respect to live animals, birds and
insects; (b) the constructing, repairing, decorating, or
improving of new or existing buildings or other structures under, upon, or above real property of or for consumers, including the installing or attaching of any
article of tangible personal property therein or thereto,
whether or not such personal property becomes a part
of the realty by virtue of installation, and shall also include the sale of services or charges made for the clearing of land and the moving of earth excepting the mere
leveling of land used in commercial farming or agriculture; (c) the sale of or charge made for labor and services rendered in respect to the cleaning, fumigating,
razing or moving of existing buildings or structures, but
shall not include the charge made for janitorial services;
and for purposes of this section the term "janitorial
services" shall mean those cleaning and care taking
services ordinarily performed by commercial janitor
service businesses including, but not limited to, wall
and window washing, floor cleaning and waxing, and
the cleaning in place of rugs, drapes and upholstery.
The term "janitorial services" does not include painting,
papering, repairing, furnace or septic tank cleaning,
snow removal or sandblasting; (d) the sale of or charge
made for labor and services rendered in respect to automobile towing and similar automotive transportation
services, but not in respect to those required to report
and pay taxes under chapter 82.16 RCW; (e) the sale of
and charge made for the furnishing of lodging and all
other services by a hotel, rooming house, tourist court,
motel, trailer camp, and the granting of any similar license to use real property, as distinguished from the
82.04.050
renting or leasing of real property. and it shall be presumed that the occupancy of real property for a continuous period of one month or more constitutes a
rental or lease of real property and not a mere license
to use or enjoy the same; (f) the sale of or charge made
for tangible personal property, labor and services to
persons taxable under (a), (b), (c), (d), and (e) above
when such sales or charges are for property, labor and
services which are used or consumed in whole or in part
by such persons in the performance of any activity defined as a "sale at retail" or "retail sale" even though
such property, labor and services may be resold after
such use or consumption. Nothing contained in this
paragraph shall be construed to modify the first paragraph of this section and nothing contained in the first
paragraph of this section shall be construed to modify
this paragraph.
The term "sale at retail" or "retail sale'' shall include
the sale of or charge made for personal business or
professional services, including amounts designated as
interest, rents, fees, admission, and other service emoluments however designated, received by persons engaging in the following business activities; (a) amusement
and recreation businesses including but not limited to
golf, pool, billiards, skating, bowling, ski lifts and tows
and others; (b) abstract, title insurance and escrow
businesses; (c) credit bureau businesses; (d) automobile
parking and storage garage businesses.
The term shall also include the renting or leasing of
tangible personal property to consumers.
The term shall not include the sale of or charge made
for labor and services rendered in respect to the building, repairing, or improving of any street, place, road,
highway, easement, right of way, mass public transportation terminal or parking facility, bridge, tunnel, or
trestle which is owned by a municipal corporation or
political subdivision of the state or by the United States
and which is used or to be used primarily for foot or
vehicular traffic including mass transportation vehicles
of any kind, nor shall it include sales of feed, seed, fertilizer, and spray materials to persons for the purpose of
producing for sale any agricultural product whatsoever,
including milk, eggs, wool, fur, meat, honey, or other
substances obtained from animals, birds, or insects but
only when such production and subsequent sale are exempt from tax under RCW 82.04.330, nor shall it include sales of chemical sprays or washes to persons for
the purpose of post-harvest treatment of fruit for the
prevention of scald, fungus, mold, or decay.
The term shall not include the sale of or charge made
for labor and services rendered in respect to the constructing, repairing, decorating, or improving of new or
existing buildings or other structures under, upon, or
above real _property of or for the United States, any instrumentality thereof, or a county or city housing authority created pursuant to chapter 35.82 RCW,
including the installing, or attaching of any article of
tangible personal property therein or thereto, whether
or not such personal property becomes a part of the realty by virtue of installation. Nor shall the term include
the sale of services .or charges made for the clearing of
land and the movmg of earth of or for the United
(1975 RCW Supp--p 619)
82.04.050
Title 82:
State~. any instrumentality thereof. or a county or city
housing authority. [ 1975 !st ex.s. c 291 § 5; 1975 !st
ex.s. c 90 § l; 1973 !st ex.s. c 145 § l; 1971 ex.s. c 299 §
3; 1971 ex.s. c 281 § l; 1970 ex.s. c 8 § I. Prior: 1969
ex.s. c 262 § 30; 1969 ex.s. c 255 § 3; 1967 ex.s. c 149 §
4; 1965 ex.s. c 173 § I; 1963 c 7 § l; prior: 1961 ex.s. c
24 § I: 1961 c 293 § l; 1961 c 15 § 82.04.050; prior:
1959 ex.s. c 5 § 2; 1957 c 279 § I; 1955 c 389 § 6; 1953
c 91 § 3; 1951 2nd ex.s. c 28 § 3; 1949 c 228 § 2, part;
1945 c 249 § I, part; 1943 c 156 § 2, part; 1941 c 178 §
2, part; 1939 c 225 § 2. part; 1937 c 227 § 2, part; 1935
c 180 § 5, part; Rem. Supp. 1949 § 8370-5, part.]
Application of 1975 amendments to preexisting contracts--1975
2nd ex.s. c 1: See note following RCW 82.12.010.
Effective date---1975 1st ex.s. c 291: "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 institut10ns, and shall take effect immediately: Provided, That sections 8
and 26 through 43 of this amendatory act shall be effective on and
after January 1, 1976: Provided further, That sections 2, 3, and 4, and
subsections (1) and (2) of section 24 shall be effective on and after
January 1, 1977: And provided further, That subsections (3) through
(15) of section 24 shall be effective on and after January 1, 1978."
(1975 1st ex.s. c 291 § 46.]
Reviser's note: The effective dates of the various sections of 1975
1st ex.s. c 291 as above set forth together with their RCW counterparts are as follows:
(I) Section 8 amended RCW 82.04.443, (effective January I, 1976);
(2) Sections 26 through 43 were codified as chapter 84.38 RCW
(effective January 1, 1976);
(3) Section 2 was codified as RCW 70.12.025 (effective January 1,
1977);
(4) Sections 3 and 4 amended RCW 70.32.010 and 70.33.040, respectively (effective January 1, 1977);
(5) Subsections (1) and (2) of section 24 repealed RCW 70.12.010
and 70.32.090 (effective January 1, 1977);
(6) Subsections (3) through (15) of section 24 repealed RCW 70.35.010 through 70.35.110 and 84.10.010 (effective January 1, 1978); and
(7) The emergency clause applied to the remaining sections. The
chapter was approved by the governor July 2, 1975.
Severability--1975 1st ex.s. c 291: "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 291 § 45.]
Effective date---1975 1st ex.s. c 90: "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 1, 1975." (1975 1st ex.s. c 90 §
5.]
Effective date---1973 1st ex.s. c 145: "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 July I, 1973." (1973 1st ex.s. c 145 § 2.]
Effective dates--1971 ex.s. c 299: "This 1971 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 as follows:
(1) Sections I through 12, 15 through 34 and 53 shall take effect
July I, 1971;
(2) Sections 13, 14, and 77 and 78 shall take effect June I, 1971;
and
(3) Sections 35 through 52 and 54 through 76 shall take effect as
provided in section 53." (1971 ex.s. c 299 § 79.]
Severability--1971 ex.s. c 299: "If any phrase, clause, subsection
or section of this 1971 amendatory act shall be declared unconstitutional or invalid by any court of competent jurisdiction, it shall be
conclusively presumed that the legislature would have enacted this
1971 amendatory act without the phrase, clause, subsection or section
so held unconstitutional or invalid and the remainder of the act shall
not be affected as a result of said part being held unconstitutional or
invalid." (1971 ex.s. c 299 § 78.]
(1975 RCW Supp--p 6201
Excise Taxes
The foregoing annotations apply to RCW 60.28.040. 73.32.130, 82.04.050, 82.04.190, 82.04.280, 82.04.435, 82.08.050, 82.08.070, 82.08.150, 82.12.030, 82.12.040, 82.16.020, 82.24.020, 82.24.070, 82.26.020,
82.32.040, 82.32.050, 82.32.060, 82.32.080, 82.32.100, 82.32.190, 82.32.235, 82.32.350, 82.44.010, 82.44.030, 82.44.045, 82.50.01~82.50.902.
84.04.090, 84.28.090, 84.36.110, 84.36.120, 84.40.342. 84.40.344, 84.52.050 and 84.52.065.
Construction--Severability--1969 ex.s. c 255: See notes following RCW 35.58.272.
Effective date---1967 ex.s. c 149: "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 July I, 1967." (1967 ex.s. c 149 § 65.] This applies
to the 1967 amendments to RCW 28A.45.035, 28A.45.040, 82.04.050,
82.04.130, 82.04.190, 82.04.23~82.04.290, 82.04.410, 82.04.440, 82.08.0 I ~82.08.030, 82.12.020, 82.12.030, 82.16.020, 82.16.050, 82.32.090,
82.48.020, 82.50.01 ~82.50.050, 82.50.070, 82.50.10 I, 82.50.105, 82.50. l 1~82.50.140, 82.50.18~82.50.200, 83.44.010, 84.08.030, 84.36.010,
84.36.150, 84.36.171, 84.40.020, 84.40.040, 84.40.060, 84.40.130, 84.40.190, 84.40.340; new sections RCW 28A.45.l05, 28A.45.120, 82.04.432,
82.50.185, 82.50.250, 82.50.260, 82.98.035, 84.36.176, 84.36.260, 84.40.185, 84.40 335; and the repeal of RCW 82.04.295, 82.04.296, 82.16.025, 82.16.026, 84.40.050, 84.40.140, 84.40.180 and 84.40.260.
Effective date---1965 ex.s. c 173: "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 I, 1965." (1965 ex.s. c 173 § 33.] This applies to RCW 82.04.050, 82.04. I 00, 82.04.120, 82.04.190, 82.04.240,
82.04.260, 82.04.330, 82.04.400, 82.04.415, 82.04.425, 82.04.430, 82.04.440, 82.08.020, 82.08.030, 82.08.050, 82.08.150, 82.12.01~82.12.030,
82.16.0 IO, 82.16.020, 82.16.050, 82.24.020, 82.24.070, 82.26.020, 82.32.060, 82.48. I00, 82.50.030, 66.24.290, and 84.36.250.
82.04.090 "Value proceeding or accruing". "Value
proceeding or accruing'' means the consideration,
whether money, credits, rights, or other property expressed in terms of money, actually received or accrued.
The term shall be applied, in each case, on a cash receipts or accrual basis according to which method of
accounting is regularly employed in keeping the books
o~ the taxpaye~. The department of revenue may provide by regulation that the value proceeding or accruing
from sales on the installment plan under conditional
contracts of sale may be reported as of the dates when
the payments become due. [ 1975 1st ex.s. c 278 § 40;
1961 c 15 § 82.04.090. Prior: 1955 c 389 § 10; prior:
1949 c 228 § 2, part; 1945 c 249 § l, part; 1943 c 156 §
2, part; 1941 c 178 § 2, part; 1939 c 225 § 2, part; 1937
c 227 § 2, part; 1935 c 180 § 5, part; Rem. Supp. 1949 §
8370-5, part.]
Construction-Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
82.04.120 "To manufacture". "To manufacture" embraces all activities of a commercial or industrial nature
wherein ~abor or skill is applied, by hand or machinery,
to matenals so that as a result thereof a new, different
or us~ful substance or article of tangible personal property is produced for sale or commercial or industrial
use, _and shall include the production or fabrication of
special made or custom made articles, and the generation or production of electrical energy for resale or
consumption outside the state.
"To manufacture" shall not include activities which
consist of cutting, grading, or ice glazing seafood which
has been cooked, frozen or canned outside this state.
[1975 lst ex.s. c 291 § 6; 1965 ex.s. c 173 § 3; 1961 c 15
§ 82.04.120. Prior: 1959 ex.s. c 3 § 2; 1955 c 389 § 13;
Business And Occupation Tax
prior: 1949 c 228 § 2, part; 1945 c 249 § I, part; 1943 c
156 § 2, part; 1941 c 178 § 2, part; 1939 c 225 § 2, part;
1937 c 227 § 2, part; 1935 c 180 § 5, part; Rem. Supp.
1949 § 8370-5, part.]
Effective dates-Severability-1975 1st ex.s. c 291: See notes
following RCW 82.04.050.
82.04.190 "Consumer". "Consumer" means the
following:
(I) Any person who purchases, acquires, owns, holds,
or uses any article of tangible personal property irrespective of the nature of his business and including,
among others, without limiting the scope hereof, persons who install, repair, clean, alter, improve, construct,
or decorate real or personal property of or for consumers other than for the purpose (a) of resale as tangible
personal property in the regular course of business or
(b) of incorporating such property as an ingredient or
component of real or personal property when installing,
repairing, cleaning, altering, imprinting, improving,
constructing, or decorating such real or personal property of or for consumers or (c) of consuming such
property in producing for sale a new article of tangible
personal property or a new substance, of which such
property becomes an ingredient or component or as a
chemical used in processing, when the primary purpose
of such chemical is to create a chemical reaction directly through contact with an ingredient of a new article
being produced for sale;
(2) Any person engaged in any business activity taxable under RCW 82.04.290;
(3) Any person engaged in the business of contracting
for the building, repairing or improving of any street,
place, road, highway, easement, right of way, mass
public transportation terminal or parking facility,
bridge, tunnel, or trestle which is owned by a municipal
corporation or political subdivision of the state of
Washington or by the United States and which is used
or to be used primarily for foot or vehicular traffic including mass transportation vehicles of any kind as defined in RCW 82.04.280, in respect to tangible personal
property when such person incorporates such property
as an ingredient or component of such publicly owned
street, place, road, highway, easement, right of way,
mass public transportation terminal or parking facility,
bridge, tunnel, or trestle by installing, placing or
spreading the property in or upon the right of way of
such street, place, road, highway, easement, bridge,
tunnel, or trestle or in or upon the site of such mass
public transportation terminal or parking facility;
(4) Any person who is an owner, lessee or has the
right of possession to or an easement in real property
which is being constructed, repaired, decorated, improved, or otherwise altered by a person engaged in
business, excluding only (a) municipal corporations or
political subdivisions of the state in respect to labor and
services rendered to their real property which is used or
held for public road purposes, and (b) the United
States, instrumentalities thereof, and county and city
housing authorities created pursuant to chapter 35.82
RCW in respect to labor and services rendered to their
real property. Nothing contained in this or any other
82.04.260
subsection of this definition shall be construed to modify any other definition of "consumer";
(5) Any person who is an owner, lessee, or has the
right of possession to personal property which is being
constructed, repaired, improved, cleaned, imprinted, or
otherwise altered by a person engaged in business;
(6) Any person engaged in the business of constructing, repairing, decorating, or improving new or existing
buildings or other structures under, upon, or above real
property of or for the United States, any instrumentality thereof, or a county or city housing authority created
pursuant to chapter 35.82 RCW, including the installing
or attaching of any article of tangible personal property
therein or thereto, whether or not such personal property becomes a part of the realty by virtue of installation. Any such person shall be a consumer within the
meaning of this subsection in respect to tangible personal property incorporated into, installed in, or attached to such building or other structure by such
person. [1975 1st ex.s. c 90 § 2; 1971 ex.s. c 299 § 4;
1969 ex.s. c 255 § 4; 1967 ex.s. c 149 § 6; 1965 ex.s. c
173 § 4; 1961 c 15 § 82.04.190. Prior: 1959 ex.s. c 3 § 3;
1957 c 279 § 2; 1955 c 389 § 20; prior: 1949 c 228 § 2,
part; 1945 c 249 § 1, part; 1943 c 156 § 2, part; 1941 c
178 § 2, part; 1939 c 225 § 2, part; 1937 c 227 § 2, part;
1935 c 180 § 5, part; Rem. Supp. 1949 § 8370-5, part.]
Application of 1975 amendment to preexisting contracts---1975
2nd ex.s. c 1: See note following RCW 82.12.010.
Effective date-1975 1st ex.s. c 90: See note following RCW
82.04.050.
Effective dates-Severability-1971 ex.s. c 299: See notes following RCW 82.04.050.
Construction-Severability-1969 ex.s. c 255: See notes following RCW 35.58.272.
82.04.260 Tax on buyer and wholesaler of grains and
dry peas--Flour manufacturers-Seafood products
manufacturers--Fruit and vegetable processors-Aluminum manufacturers--Research and development
organizations--Perishable meat products processors
and wholesalers--Nuclear fuel assemblies--Travel
agents. (I) Upon every person engaging within this state
in the business of buying wheat, oats, dry peas, corn,
rye and barley, but not including any manufactured or
processed products thereof, and selling the same at
wholesale; the tax imposed shall be equal to the gross
proceeds derived from such sales multiplied by the rate
of one one-hundredth of one percent.
(2) Upon every person engaging within this state in
the business of manufacturing wheat into flour; as to
such persons the amount of tax with respect to such
business shall be equal to the value of the flour manufactured, multiplied by the rate of one-eighth of one
percent.
(3) Upon every person engaging within this state in
the business of splitting or processing dried peas; as to
such persons the amount of tax with respect to such
business shall be equal to the value of the peas split or
processed, multiplied by the rate of one-quarter of one
percent.
(4) Upon every person engaging within this state in
the business of manufacturing seafood products which
remain in a raw, raw frozen, or raw salted state at the
[1975 RCW Supp--p 621)
82.04.260
Title 82:
completion of the manufacturing by that person: as to
such persons the amount of tax with respect to such
business shall be equal to the value of the products
manufactured, multiplied by the rate of one-eighth of
one percent.
(5) Upon every person engaging within this state in
the business of manufacturing by canning, preserving,
freezing or dehydrating fresh fruits and vegetables; as
to such persons the amount of tax with respect to such
business shall be equal to the value of the products
canned, preserved, frozen or dehydrated multiplied by
the rate of three-tenths of one percent.
(6) Upon every person engaging within this state in
the business of manufacturing aluminum pig, ingot, billet, plate, sheet (flat or coiled), rod, bar, wire, cable or
extrusions; as to such persons the amount of the tax
with respect to such business shall be equal to the value
of the products manufactured multiplied by the rate of
four-tenths of one percent.
(7) Upon every nonprofit corporation and nonprofit
association engaging within this state in research and
development, as to such corporations and associations,
the amount of tax with respect to such activities shall be
equal to the gross income derived from such activities
multiplied by the rate of forty-four one-hundredths of
one percent.
(8) Upon every person engaging within this state in
the business of slaughtering, breaking and/or processing perishable meat products and/or selling the same at
wholesale; as to such persons the tax imposed shall be
equal to the gross proceeds derived from such sales
multiplied by the rate of thirty-three one-hundredths of
one percent.
(9) Upon every person engaging within this state in
the business of making sales, at retail or wholesale, of
nuclear fuel assemblies manufactured by that person, as
to such persons the amount of tax with respect to such
business shall be equal to the gross proceeds of sales of
the assemblies multiplied by the rate of twenty-five
one-hundredths of one percent.
(10) Upon every person engaging within this state in
the business of manufacturing nuclear fuel assemblies,
as to such persons the amount of tax with respect to
such business shall be equal to the value of the products
manufactured multiplied by the rate of twenty-five
one-hundredths of one percent.
( 11) Upon every person engaging within this state in
the business of acting as a travel agent; as to such persons the amount of the tax with respect to such activities shall be equal to the gross income derived from
such activities multiplied by the rate of twenty-five
one-hundredths of one percent. [1975 1st ex.s. c 291 §
7; 1971 ex.s. c 281 § 5; 1971 ex.s. c 186 § 3; 1969 ex.s. c
262 § 36; 1967 ex.s. c 149 § 10; 1965 ex.s. c 173 § 6;
1961 c 15 § 82.04.260. Prior: 1959 c 21 l § 2; 1955 c 389
§ 46; prior: 1953 c 91 § 4; 1951 2nd ex.s. c 28 § 4; 1950
ex.s. c 5 § 1, part; 1949 c 228 § 1, part; 1943 c 156 § 1,
part; 1941 c 178 § 1, part; 1939 c 225 § 1, part; 1937 c
227 § 1, part; 1935 c 180 § 4, part; Rem. Supp. 1949 §
8370--4, part.]
Effective dates----Severability-1975 1st ex.s. c 291: See notes
following RCW 82.04.050.
(1975 RCW Supp--p 6221
Excise Taxes
Effective date-1971 ex.s. c 186: See note following RCW
82.04.110.
82.04.280 Tax on printers, publishers, highway contractors, extracting or processing for hire, cold storage
warehouse operation, insurance general agents, radio and
television broadcasting, consumer as defined in RCW
82.04.190(6). Upon every person engaging within this
state in the business of: (1) Printing, and of publishing
newspapers, periodicals or magazines; (2) building, repairing or improving any street, place, road, highway,
easement, right of way, mass public transportation terminal or parking facility, bridge, tunnel, or trestle which
is owned by a municipal corporation or political subdivision of the state or by the United States and which is
used or to be used, primarily for foot or vehicular traffic
including mass transportation vehicles of any kind and
including any readjustment, reconstruction or relocation of the facilities of any public, private or cooperatively owned utility or railroad in the course of such
building, repairing or improving, the cost of which readjustment, reconstruction, or relocation, is the responsibility of the public authority whose street, place, road,
highway, easement, right of way, mass public transportation terminal or parking facility, bridge, tunnel, or
trestle is being built, repaired or improved; (3) extracting for hire or processing for hire; (4) operating a cold
storage warehouse, but not including the rental of cold
storage lockers; (5) representing and performing services for fire or casualty insurance companies as an independent resident managing general agent licensed
under the provisions of RCW 48.05.310; (6) radio and
television broadcasting, excluding network, national
and regional advertising computed as a standard deduction based on the national average thereof as annually reported by the Federal Communications
Commission, or in lieu thereof by itemization by the
individual broadcasting station, and excluding that portion of revenue represented by the out-of-state audience computed as a ratio to the station's total audience
as measured by the 100 micro-volt signal strength and
delivery by wire, if any; (7) engaging in activities which
bring a person within the definition of consumer contained in RCW 82.04.190(6), as now or hereafter
amended; as to such persons, the amount of tax on
such business shall be equal to the gross income of the
business multiplied by the rate of forty-four one hundredths of one percent. [1975 1st ex.s. c 90 § 3; 1971
ex.s. c 299 § 5; 1971 ex.s. c 281 § 7; 1970 ex.s. c 8 § 2.
Prior: l 969 ex.s. c 262 § 38; 1969 ex.s. c 255 § 5; 1967
ex.s. c 149 § 13; 1963 c 168 § I; 1961 c 15 § 82.04.280;
prior: 1959 ex.s. c 5 § 4; 1959 ex.s. c 3 § 4; 1955 c 389 §
48; prior: 1950 ex.s. c 5 § 1, part; 1949 c 228 § 1, part;
1943 c 156 § l, part; 1941 c 178 § 1, part; 1939 c 228 §
1, part; 1937 c 227 § 1, part; 1935 c 180 § 4, part; Rem.
Supp. 1949 § 8370--4, part.]
Application of 1975 amendment to preexisting contracts--1975
2nd ex.s. c I: See note following RCW 82.12.010.
Effective date--1975 1st ex.s. c 90: See note following RCW
82.04.050.
Effective dates--Severability-1971 ex.s. c 299: See notes following RCW 82.04.050.
Business And Occupation Tax
82.04.300 Exemptions--Based on monthly gross or
yearly gross. This chapter shall apply to any person engaging in any business activity taxable under RCW 82.04.230, 82.04.240, 82.04.250, 82.04.260, 82.04.270,
82.04.275, 82.04.280 and 82.04.290 other than those
whose value of products, gross proceeds of sales, or
gross income of the business is less than three hundred
dollars per month: Provided, That where one person
engages in more than one business activity and the
combined measures of the tax applicable to such businesses equal or exceed three hundred dollars per month,
no exemption or deduction from the amount of tax is
allowed by this section.
Any person claiming exemption under the provisions
of this section may be required to file returns even
though no tax may be due: Provided, further, That the
department of revenue may allow exemptions, by general rule or regulation, in those instances in which
quarterly, semiannual, or annual returns are permitted.
Exemptions for such periods shall be equivalent in
amount to the total of exemptions for each month of a
reporting period. [ 1975 1st ex.s. c 278 § 41; 1961 c 293 §
3; 1961 c 15 § 82.04.300. Prior: 1959 ex.s. c 5 § 7; 1959
c 197 § 14; prior: 1945 c 249 § 2, part; 1943 c 156 § 4,
part; 1941 c 178 § 6, part; 1939 c 225 § 5, part; 1937 c
227 § 4, part; 1935 c 180 § 11, part; Rem. Supp. 1945 §
8370-11, part.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
82.04.443 Credit for property taxes paid on business
inventories--Definitions. For the purposes of this
chapter:
"Business inventories" means all livestock and means
personal property acquired or produced solely for the
purpose of sale, or for the purpose of consuming such
property in producing for sale a new article of tangible
personal property of which such property becomes an
ingredient or component. Business inventories shall not
mean personal property acquired or produced for the
purpose of lease or rental. It shall include inventories of
finished goods and work in process.
"Successor" shall have the meaning given to it in
RCW 82.04.180. [1975 1st ex.s. c 291 § 8; 1974 ex.s. c
169 § 4.]
Effective date-1975 1st ex.s. c 291: The effective date of the 1975
amendment to this section was January I, 1976, see note following
RCW 82.04.050.
Severability-1975 1st ex.s. c 291: See note following RCW
82.04.050.
82.04.450 Value of products, how determined. The
value of products, including byproducts, extracted or
manufactured shall be determined by the gross proceeds derived from the sale thereof whether such sale is
at wholesale or at retail, to which shall be added all
subsidies and bonuses received from the purchaser or
from any other person with respect to the extraction,
manufacture, or SCJ.le of such products or byproducts by
the seller, except:
82.04.470
(I) Where such products, including byproducts, are
extracted or manufactured for commercial or industrial
use;
(2) Where such products, including byproducts, are
shipped, transported or transferred out of the state, or
to another person, without prior sale or are sold under
circumstances such that the gross proceeds from the
sale are not indicative of the true value of the subject
matter of the sale.
In the above cases the value shall correspond as
nearly as possible to the gross proceeds from sales in
this state of similar products of like quality and character, and in similar quantities by other taxpayers, plus
the amount of subsidies or bonuses ordinarily payable
by the purchaser or by any third person with respect to
the extraction, manufacture, or sale of such products.
The department of revenue shall prescribe uniform and
equitable rules for the purpose of ascertaining such values. [ 197 5 1st ex.s. c 278 § 42; 1961 c 15 § 82.04.450.
Prior: 1949 c 228 § 3; 1941 c 178 § 4; 1935 c 180 § 7;
Rem. Supp. 1949 § 8370-7.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
82.04.460 Business within and without state--Apportionment. (I) Any person rendering services taxable
under RCW 82.04.290 and maintaining places of business both within and without this state which contribute
to the rendition of such services shall, for the purpose
of computing tax liability under RCW 82.04.290, apportion to this state that portion of his gross income
which is derived from services rendered within this
state. Where such apportionment cannot be accurately
made by separate accounting methods, the taxpayer
shall apportion to this state that proportion of his total
income which the cost of doing business within the state
bears to the total cost of doing business both within and
without the state.
(2) Notwithstanding the provision of subsection (1) of
this section, persons doing business both within and
without the state who receive gross income from service
charges, as defined in RCW 63.14.010(8) (relating to
amounts charged for granting the right or privilege to
make deferred or installment payments) or who receive
gross income from engaging in business as financial institutions within the scope of chapter 82.14A RCW (relating to city taxes on financial institutions) shall
apportion or allocate gross income taxable under RCW
82.04.290 to this state pursuant to rules promulgated by
the department consistent with uniform rules for apportionment or allocation developed by the states. [1975 1st
ex.s. c 291 § 9; 1961 c 15 § 82.04.460. Prior: 1941 c 178
§ 5; 1939 c 225 § 4; Rem. Supp. 1941 § 8370-8a.]
Effective dates-Severability-1975 1st ex.s. c 291: See notes
following RCW 82.04.050.
82.04.470 Resale certificate--Burden of proof.
Unless a seller has taken from the purchaser a resale
certificate signed by, and bearing the name and address
and registration number of the purchaser to the effect
that the property was purchased for resale, or unless the
nature of the transaction is clearly shown as a sale at
(1975 RCW Supp--p 623)
82.04.470
Title 82:
wholesale by the books and records of the taxpayer in
such ()ther manner as the department of revenue shall
by regulation provide, the burden of proving that a sale
of tangible personal property was not a sale at retail
shall be upon the person who made it. [1975 1st ex.s. c
278 § 43; 1961 c 15 § 82.04.470. Prior: 1935 c 180 § 9;
RRS § 8370-9.]
Construction-Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
82.04.480 Sales in own name--Sales as agent. Every consignee, bailee, factor, or auctioneer having either
actual or constructive possession of tangible personal
property. or having possession of the documents of title
thereto, with power to sell such tangible personal property in his or its own name and actually so selling, shall
be deemed the seller of such tangible personal property
within the meaning of this chapter; and further, the
consignor, bailor, principal, or owner shall be deemed a
seller of such property to the consignee, bailee, factor,
or auctioneer.
The burden shall be upon the taxpayer in every case
to establish the fact that he is not engaged in the business of selling tangible personal property but is acting
merely as broker or agent in promoting sales for a
principal. Such claim will be allowed only when the
taxpayer's accounting records are kept in such manner
as the department of revenue shall by general regulation
provide. [ 1975 I st ex.s. c 278 § 44; 1961 c 15 § 82.04.480. Prior: 1935 c 180 § 10; RRS § 8370-10.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
82.04.490 Tax payable monthly--Returns-Monthly estimate and quarterly returns, procedure. The
taxes imposed hereunder shall be due and payable in
monthly installments and remittance therefor shall be
made on or before the fifteenth day of the month next
succeeding the end of the monthly period in which tax
accrued. The taxpayer, on or before said fifteenth day
of said month, shall make out a return, upon such
forms and setting forth such information as the department of revenue may require, showing the amount of
the tax for which he is liable for the preceding monthly
period, sign and transmit the same to the department,
together with a remittance for such amount in the form
required: Provided, That any such taxpayer may elect
to remit each month on such forms as the department
of revenue shall in its discretion prescribe, an estimate
of the tax to be due for each month on or before the
fifteenth day of the month next succeeding the end of
the monthly period in which the tax accrued, and a
quarterly return to the department on or before the fifteenth day of the month next succeeding the end of
each quarter of every year and shall remit therewith the
balance of the actual tax due for the period of the report: Provided further, That every person who shall
elect to remit a monthly "estimate of the tax to be due''
as hereinabove described shall remit each month at
least one-third of the tax paid during the previous
quarter or, ninety percent of the tax actually collected
or owing during the month, whichever is greater.
(1975 RCW Supp--p 624)
Excise Taxes
The department of revenue may also relieve any taxpayer or class of taxpayers from the obligation of filing
monthly returns and may require the return to cover
other reporting periods, but in no event shall returns be
filed for a period greater than one year.
The department of revenue may also, by general rule
or regulation, establish conditions for submission of annual or semiannual reconciling returns by such taxpayers or class of taxpayers in lieu of quarterly returns.
The department of revenue may also require verified
annual returns from any taxpayer, setting forth such
additional information as it may deem necessary to
correctly determine tax liability. [1975 1st ex.s. c 278 §
45; 1961 c 15 § 82.04.490. Prior: 1959 c 197 § I; 1935 c
180 § 13; RRS § 8370-13.]
Construction--Severability--1975 1st ex.s. c 278: See notes following RCW I 1.08.160.
Chapter 82.08
RETAIL SALES TAX
Sections
82.08.030
82.08.040
82.08.060
82.08.080
82.08.090
82.08.100
82.08.120
Exemptions.
Consignee, factor, bailee, auctioneer deemed seller.
Collection of tax-Methods and schedules.
Vending machine sales.
Installment sales and leases.
Tax may be paid on cash receipts basis if books are so
kept.
Rebating or absorption of tax by seller prohibitedPenalty .
82.08.030 Exemptions. The tax hereby levied shall
not apply to the following sales:
(I) Casual and isolated sales of property or service,
unless made by a person who is engaged in a business
activity taxable under chapters 82.04, 82.16 or 82.28
RCW: Provided, That the exemption provided by this
paragraph shall not be construed as providing any exemption from the tax imposed by chapter 82.12 RCW;
(2) Sales made by persons in the course of business
activities with respect to which tax liability is specifically imposed under chapter 82.16 RCW, when the gross
proceeds from such sales must be included in the measure of the tax imposed under said chapter;
(3) The distribution and newsstand sale of
newspapers;
(4) Sales which the state is prohibited from taxing
under the Constitution of this state or the Constitution
or laws of the United States;
(5) Sales of motor vehicle fuel used in aircraft by the
mai:ufacturer thereof for research, development, and
testmg purposes and sales of motor vehicle fuel taxable
under chapter 82.36 RCW: Provided, That the use of
any such fuel upon which a refund of the motor vehicle
fuel tax has been obtained shall be subject to the tax
imposed by chapter 82.12 RCW;
(6) Sales (including transfers of title through decree of
appropriation) heretofore or hereafter made of the entire <:'per~t~ng property of a publicly or privately owned
public ut1hty, or of a complete operating integral section thereof, to the state or a political subdivision
thereof for use in conducting any business defined in
Retail Sales Tax
subdivisions (I). (2), (3), (4), (5), (6), (7), (8), (9), ( 10) or
(11) of RCW 82.16.010;
(7) Auction sales made by or through auctioneers of
tangible personal property (including household goods)
which have been used in conducting a farm activity,
when the seller thereof is a farmer and the sale is held
or conducted upon a farm and not otherwise;
(8) Sales to corporations which have been incorporated under any act of the congress of the United States
and whose principal purposes are to furnish volunteer
aid to members of 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;
(9) Sales of purebred livestock for breeding purposes
where the animals are registered in a nationally recognized breed association; sales of cattle and milk cows
used on the farm;
( 10) Sales of tangible personal property (other than
the type referred to in subdivision (11) hereof) for use
by the purchaser in connection with the business of operating as a private or common carrier by air, rail, or
water in interstate or foreign commerce: Provided, That
any actual use of such property in this state shall, at the
time of such actual use, be subject to the tax imposed
by chapter 82.12 RCW;
( 11) Sales of airplanes, locomotives, railroad cars, or
watercraft for use in conducting interstate or foreign
commerce by transporting therein or therewith property
and persons for hire or for use in conducting commercial deep sea fishing operations outside the territorial
waters of the state; also sales of tangible personal property which becomes a component part of such airplanes, locomotives, railroad cars, or watercraft, and of
motor vehicles or trailers whether owned by or leased
with or without drivers and used by the holder of a
carrier permit issued by the Interstate Commerce Commission authorizing transportation by motor vehicle
across the boundaries of this state, in the course of
constructing, repairing, cleaning, altering, or improving
the same; also sales of or charges made for labor and
services rendered in respect to such constructing, repairing, cleaning, altering, or improving;
(12) Sales of motor vehicles and trailers to be used
for the purpose of transporting therein persons or property for hire in interstate or foreign commerce whether
such use is by the owner or whether such motor vehicles
and trailers are leased to the user with or without drivers: Provided, That the purchaser or user must be the
holder of a carrier permit issued by the Interstate Commerce Commission and that the vehicles will first move
upon the highways of this state from the point of delivery in this state to a point outside of this state under the
authority of a one-transit permit issued by the director
of motor vehicles pursuant to the provisions of RCW
46.16.100;
( 13) Sales of motor vehicles and trailers to nonresidents of this state for use outside of this state, even
though delivery be made within this state, but only
when (a) the vehicles or trailers will be taken from the
82.08.030
point of delivery in this state directly to a point outside
this state under the authority of a one-transit permit issued by the director of motor vehicles pursuant to the
provisions of RCW 46.16.100, or (b) said motor vehicles
and trailers will be registered and licensed immediately
under the laws of the state of the purchaser's residence,
will not be used in this state more than three months,
and will not be required to be registered and licensed
under the laws of this state;
(14) Sales to nonresidents of this state for use outside
of this state of tangible personal property which becomes a component part of any machinery or other article of personal property belonging to such
nonresident, in the course of installing, repairing, cleaning, altering, or improving the same and also sales of or
charges made for labor and services rendered in respect
to any installing, repairing, cleaning, altering, or improving, of personal property of or for a nonresident,
but this subsection (14) shall apply only when the seller
agrees to, and does, deliver the property to the purchaser at a point outside this state, or delivers the
property to a common or bona fide private carrier consigned to the purchaser at a point outside this state;
(15) Sales to nonresidents of this state for use outside
of this state of watercraft requiring coast guard registration or registration by the state of principal use according to the Federal Boating Act of 1958, even
though delivery be made within this state, but only
when (a) the watercraft will not be used within this
state for more than forty-five days and (b) an appropriate exemption certificate supported by identification
ascertaining residence as provided by the department of
revenue and signed by the purchaser or his agent establishing the fact that the purchaser is a nonresident and
that the watercraft is for use outside of this state, one
copy to be filed with the department of revenue with
the regular report and a duplicate to be retained by the
dealer.
( 16) Sales of poultry for use in the production for sale
of poultry or poultry products.
( 17) Sales to nonresidents of this state for use outside
of this state of machinery and implements for use in
conducting a farming activity, when such machinery
and implements will be transported immediately outside
the state. As proof of exemption, an affidavit or certification in such form as the department of revenue shall
require shall be made for each such sale, to be retained
as a business record of the seller.
(18) Sales for use in states, territories and possessions
of the United States which are not contiguous to any
other state, but only when, as a necessary incident to
the contract of sale, the seller delivers the subject matter
of the sale to the purchaser or his designated agent at
the usual receiving terminal of the carrier selected to
transport the goods, under such circumstances that it is
reasonably certain that the goods will be transported
directly to a destination in such noncontiguous states,
territories and possessions.
(19) Sales to municipal corporations, the state, and all
political subdivisions thereof of tangible personal property consumed and/ or of labor and services rendered in
respect to contracts for watershed protection and/or
(1975 RCW Supp--p 6251
82.08.030
Title 82:
flood prevention. This exemption shall be limited to
that portion of the selling price which is reimbursed by
the United States government according to the provisions of the Watershed Protection and Flood Prevention Act. Public Laws 566. as amended:
(20) Sales of semen for use in the artificial insemination of livestock:
(21) Sales to nonresidents of this state of tangible
personal property for use outside this state when the
purchaser has applied for and received from the department of revenue a permit certifying (l) that he is a
bona fide resident of a state or possession or Province
of Canada other than the state of Washington, (2) that
such state. possession, or Province of Canada does not
impose a retail sales tax or use tax of three percent or
more or, if imposing such a tax, permits Washington
residents exemption from otherwise taxable sales by
reason of their residence, and (3) that he does agree,
when requested, to grant the department of revenue access to such records and other forms of verification at
his place of residence to assure that such purchases are
not first used substantially in the state of Washington.
Any person claiming exemption from retail sales tax
under the provisions of this subsection must display a
nonresident permit as herein provided, and any vendor
making a sale to a nonresident without collecting the
tax must examine such permit, identify the purchaser as
the person to whom the nonresident permit was issued,
and maintain records which shall show the permit
number attributable to each nontaxable sale.
Permits shall be personal and nontransferable, shall
be renewable annually, and shall be issued by the department of revenue upon payment of a fee of one dollar. The department may in its discretion designate
independent agents for the issuance of permits, according to such standards and qualifications as the department may prescribe. Such agents shall pay over and
account to the department for all permit fees collected,
after deducting as a collection fee the sum of fifty cents
for each permit issued.
Any person making fraudulent statements in order to
secure a permit shall be guilty of perjury. Any person
making tax exempt purchases by displaying a permit
not his own, or a counterfeit permit, with intent to violate the provisions of this subsection shall be guilty of a
misdemeanor and, in addition, may be subject to a
penalty not to exceed the amount of the tax due on
such purchases. Any vendor who makes sales without
collecting the tax to a person who does not hold a valid
permit, and any vendor who fails to maintain records of
permit numbers as provided in this section shall be personally liable for the amount of tax due.
(22) Sales of form lumber to any person engaged in
the constructing, repairing, decorating, or improving of
new or existing buildings or other structures under,
upon or above real property of or for consumers: Provided. That such lumber is used or to be used first by
such person for the molding of concrete in a single such
contract. project or job and is thereafter incorporated
into the product of that same contract, project or job as
an ingredient or component thereof.
(1975 RCW Supp--p 626(
Excise Taxes
(23) Sales of, cost of. or charges made for labor and
services performed in respect to the mining. sorting.
crushing. screening, washing, hauling, and stockpiling
of sand, gravel and rock when such sand. gravel. or
rock is taken from a pit or quarry which is owned by or
leased to a county or a city, and such sand, gravel, or
rock is (1) either stockpiled in said pit or quarry for
placement or is placed on the street, road, place. or
highway of the county or city by the county or city itself, or (2) sold by the county or city to a county, or a
city at actual cost for placement on a publicly owned
street, road, place, or highway. The exemption provided
for in this subsection shall not apply to sales of, cost of,
or charges made for such labor and services, if the sand,
gravel, or rock is used for other than public road purposes or is sold otherwise than as provided for in this
subsection.
(24) Sales of wearing apparel to persons who themselves use such wearing apparel only as a sample for
display for the purpose of effecting sales of goods represented by such sample.
(25) Sales of pollen.
(26) Sales to one political subdivision by another political subdivision directly or indirectly arising out of or
resulting from the annexation or incorporation of any
part of the territory of one political subdivision by
another.
(27) The renting or leasing of motor vehicles and
trailers to a nonresident of this state for use exclusively
in transporting persons or property across the boundaries of this state and in intrastate operations incidental
thereto when such motor vehicle or trailer is registered
and licensed in a foreign state and for purposes of this
exemption the term "nonresident" shall apply to a renter or lessee who has one or more places of business in
this state as well as in one or more other states but the
exemption for nonresidents shall apply only to those
vehicles which are most frequently dispatched, garaged,
serviced, maintained and operated from the renter's or
lessee's place of business in another state.
(28) Sales of prescription drugs. The term "prescription drugs'' shall include any medicine, drug, prescription lens, or other substance other than food for use in
the diagnosis, cure, mitigation, treatment, or prevention
of disease or other ailment in humans ordered by (a)
the written prescription to a pharmacist by a practitioner authorized by law of this state or laws of another
jurisdi~ti~n to issue prescriptions, or (b) upon an oral
prescnption of such practitioner which is reduced
promptly to writing and filed by a duly licensed pharmacist, or (c) by refilling any such written or oral prescription if such refilling is authorized by the prescriber
~ither in the original prescription or by oral order which
1s reduced promptly to writing and filed by the pharmacist, or (d) physicians or optometrists by way of
w~itt~n directions and specifications for the preparation,
grmdmg, and fabrication of lenses intended to aid or
correct visual defects or anomalies of humans.
(29) Sales of returnable containers for beverages and
foods, including but not limited to soft drinks, milk,
beer, and mixers.
Retail Sales Tax
(30) Sales of insulin, prosthetic devices, and medically
prescribed oxygen. [1975 !st ex.s. c 291 § IO; 1974 ex.s.
c 185 § I; 1971 ex.s. c 11 § l; 1970 ex.s. c 65 § 6; 1967
ex.s. c 149 § 20; 1967 c 87 § I; 1965 ex.s. c 173 § 14;
1963 ex.s. c 28 § 3; 1961 c 293 § 7; 1961 c 15 § 82.08.030. Prior: 1959 ex.s. c 3 § 6; 1955 c 137 § I; 1951 lst
ex.s. c 9 § 2; 1949 c 228 § 5; 1945 c 249 § 5; 1943 c 156
§ 7; 1939 c 225 § 9; 1935 c 180 § 19; Rem. Supp. 1949 §
8370-19.]
Effective dates-Severability-1975 1st ex.s. c 291: See notes
following RCW 82.04.050.
Effective date--1974 ex.s. c 185: "This 1974 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 1, 1974." [1974 ex.s. c 185 § 3.]
Effective date--1971 ex.s. c 11: "The effective date of this 1971
amendatory act is July 1, 1971." [1971 ex.s. c 11 § 3.]
82.08.040 Consignee, factor, bailee, auctioneer
deemed seller. Every consignee, bailee, factor, or auctioneer authorized, engaged, or employed to sell or call
for bids on tangible personal property belonging to another, and so selling or calling, shall be deemed the
seller of such tangible personal property within the
meaning of this chapter and all sales made by such
persons are subject to its provisions even though the
sale would have been exempt from tax hereunder had it
been made directly by the owner of the property sold.
Every consignee, bailee, factor, or auctioneer shall collect and remit the amount of tax due under this chapter
with respect to sales made or called by him: Provided,
That if the owner of the property sold is engaged in the
business of selling tangible personal property in this
state the tax imposed under this chapter may be remitted by such owner under such rules and regulations as
the department of revenue shall prescribe. [ 1975 1st
ex.s. c 278 § 46; 1961 c 15 § 82.08.040. Prior: 1939 c 225
§ 8; 1935 c 180 § 18; RRS § 8370-18.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
82.08.100
82.08.080 Vending machine sales. The department of
revenue may authorize a seller to pay the tax levied under this chapter upon sales made through vending machines and similar devices or where sales are made
under conditions of business such as to render impracticable the collection of the tax as a separate item and
waive collection of the tax from the customer. Where
sales are made by receipt of a coin or coins dropped
into a receptacle that results in delivery of the merchandise in single purchases of smaller value than the
minimum sale upon which a one cent tax may be collected from the purchaser, according to the schedule
provided by the department under authority of RCW
82.08.060, and where the design of the sales device is
such that multiple sales of items are not possible or
cannot be detected so as practically to assess a tax, in
such a case the selling price for the purposes of the tax
imposed under RCW 82.08.020 shall be sixty percent of
the gross receipts of the vending machine through
which such sales are made. No such authority shall be
granted except upon application to the department and
unless the department, after hearing, finds that the conditions of the applicant's business are such as to render
impracticable the collection of the tax in the manner
otherwise provided. The department, by regulation,
may provide that the applicant, under this section, furnish a proper bond sufficient to secure the payment of
the tax. [1975 1st ex.s. c 278 § 48; 1963 c 244 § 2; 1961
c 15 § 82.08.080. Prior: 1937 c 227 § 8; 1935 c 180 § 24;
RRS § 8370-24.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
82.08.090 Installment sales and leases. In the case of
installment sales and leases of personal property, the
department of revenue, by regulation, may provide for
the collection of taxes upon the installments of the purchase price, or amount of rental, as of the time the
same fall due. [1975 1st ex.s. c 278 § 49; 1961 c 15 §
82.08.090. Prior: 1959 ex.s. c 3 § 8; 1959 c 197 § 4; prior: 1941 c 178 § 9, part; 1939 c 225 § 12, part; 1935 c
180 § 25, part; Rem. Supp. 1941 § 8370-25, part.]
82.08.060 Collection of tax--Methods and schedules. The department of revenue shall have power to
adopt rules and regulations prescribing methods and
schedules for the collection of the tax required to be
collected by the seller from the buyer under this chapter. The methods and schedules prescribed shall be
adopted so as to eliminate the collection of fractions of
one cent and so as to provide that the aggregate collections of all taxes by the seller shall, insofar as practicable, equal the amount of tax imposed by this chapter.
Such schedules may provide that no tax need be collected from the buyer upon sales below a stated sum
and may be amended from time to time to accomplish
the purposes set forth herein. [1975 1st ex.s. c 278 § 47;
1961 c 15 § 82.08.060. Prior: 1951 c 44 § 2; 1941 c 76 §
4; 1935 c 180 § 22; Rem. Supp. 1941 § 8370-22.]
82.08.100 Tax may be paid on cash receipts basis if
books are so kept. The department of revenue, by general regulation, may provide that a taxpayer whose regular books of account are kept on a cash receipts basis
may file returns based upon his cash receipts for each
reporting period and pay the tax herein provided upon
such basis in lieu of reporting and paying the tax on all
sales made during such period. [1975 1st ex.s. c 278 §
50; 1961 c 15 § 82.08.100. Prior: 1959 ex.s. c 3 § 9; 1959
c 197 § 5; prior: 1941 c 178 § 9, part; 1939 c 225 § 12,
part; 1935 c 180 § 25, part; Rem. Supp. 1941 § 8370-25,
part.]
Construction-Severabllity-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
(1975 RCW Supp--p 627]
82.08.120
Title 82:
82.08.120 Rebating or absorption of tax by seller
prohibited-Penalty. Whoever, excepting as expressly
authorized by this chapter. refunds, remits, or rebates to
a buyer. either directly or indirectly and by whatever
means, all or any part of the tax levied by this chapter,
or makes in any form of advertising, verbal or otherwise, any statements which might infer that he is absorbing the tax or paying the tax for the buyer by an
adjustment of prices, or at a price including the tax, or
in any other manner whatsoever shall be guilty of a
misdemeanor. The violation of this section by any person holding a license granted by the state or any political subdivision thereof shall be sufficient grounds for
the cancellation of the license of such person upon
written notification by the department of revenue to the
proper officer of the department granting the license
that such person has violated the provisions of this section. Before any license shall be canceled hereunder, the
licensee shall be entitled to a hearing before the department granting the license under such regulations as the
department may prescribe. [1975 1st ex.s. c 278 § 51;
1961 c 15 § 82.08.120. Prior: 1939 c 225 § 13; 1935 c
180 § 27; RRS § 8370-27.J
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Chapter 82.12
USE TAX
Sections
82.12.010
82.12.020
82.12.030
82.12.050
82.12.060
82.12.070
Definitions.
Use tax imposed.
Exemptions.
Monthly, estimated, annual, etc., returns-Remittances-Reporting procedures and forms.
Installment sales, leases, bailments.
Tax may be paid on cash receipts basis if books are so
kept.
82.12.010 Definitions. For the purposes of this
chapter:
( 1) "Value of the article used" shall mean the consideration, whether money, credit, rights, or other property, expressed in terms of money. paid or given or
contracted to be paid or given by the purchaser to the
seller for the article of tangible personal property, the
use of which is taxable under this chapter. The term includes, in addition to the consideration paid or given or
contracted to be paid or given, the amount of any tariff
or duty paid with respect to the importation of the article used. In case the article used is acquired by lease or
by gift or is extracted, produced, or manufactured by
the person using the same or is sold under conditions
wherein the purchase price does not represent the true
value thereof, the value of the article used shall be determined as nearly as possible according to the retail
selling price at place of use of similar products of like
quality and character under such rules and regulations
as the department of revenue may prescribe.
In case the articles used are acquired by bailment, the
value of the use of the articles so used shall be in an
amount representing a reasonable rental for the use of
the articles so bailed, determined as nearly as possible
[1975 RCW Supp---p 628)
Excise Taxes
according to the value of such use at the places of use
of similar products of like quality and character under
such rules and regulations as the department of revenue
may prescribe: Provided, That in case any such articles
of tangible personal property are used in respect to the
construction, repairing, decorating, or improving of,
and which become or are to become an ingredient or
component of, new or existing buildings or other structures under, upon, or above real property of or for the
United States, any instrumentality thereof, or a county
or city housing authority created pursuant to chapter
35.82 RCW, including the installing or attaching of any
such articles therein or thereto, whether or not such
personal property becomes a part of the realty by virtue
of installation, then the value of the use of such articles
so used shall be determined according to the retail selling price of such articles, or in the absence of such a
selling price, as nearly as possible according to the retail
selling price at place of use of similar products of like
quality and character or, in the absence of either of
these selling price measures, such value may be determined upon a cost basis, in any event under such rules
and regulations as the department of revenue may
prescribe.
In the case of articles manufactured or produced by
the user and used in the manufacture or production of
products sold or to be sold to the department of defense
of the United States, the value of the articles used shall
be determined according to the value of the ingredients
of such articles.
(2) "Use," "used," "using," or "put to use" shall have
their ordinary meaning, and shall mean the first act
within this state by which the taxpayer takes or assumes
dominion or control over the article of tangible personal property (as a consumer), and include installation,
storage, withdrawal from storage, or any other act preparatory to subsequent actual use or consumption within this state;
(3) "Taxpayer" and "purchaser" include all persons
included within the meaning of the word "buyer" and
the word "consumer" as defined in chapters 82.04 and
82.08 RCW;
(4) "Retailer" means every person engaged in the
business of selling tangible personal property at retail
and every person required to collect from purchasers
the tax imposed under this chapter;
(5) The meaning ascribed to words and phrases in
chapters 82.04 and 82.08 RCW, insofar as applicable,
shall have full force and effect with respect to taxes imposed under the provisions of this chapter. "Consumer," in addition to the meaning ascribed to it in
chapters 82.04 and 82.08 RCW insofar as applicable,
shall also mean any person who distributes or displays,
or causes to be distributed or displayed, any article of
tangible personal property, except newspapers, the primary purpose of which is to promote the sale of products or services. [1975 2nd ex.s. c 1 § 1; 1975 1st ex.s. c
278 § 52; 1965 ex.s. c 173 § 17; 1961 c 293 § 15; 1961 c
15 § 82.12.010. Prior: 1955 c 389 § 24; 1951 1st ex.s. c 9
§ 3; 1949 c 228 § 9; 1945 c 249 § 8; 1943 c 156 § 10;
1939 c 225 § 18; 1937 c 191 § 4; 1935 c 180 § 35; Rem.
Supp. 1949 § 8370-35.]
Use Tax
Application to preexisting contracts: "In the event ~ny person has
entered into a contract prior to July I, 1975 or has bid upon a contract prior to July I, 1975 and has been awarded the contract after
July I, 1975, the additional taxes imposed by chapter 90, Laws of
1975 1st ex. sess., section 5, chapter 291, Laws of 1975 !st ex. sess.
and this 1975 amendatory act shall not be required to be paid by such
person in carrying on activities in the fulfillment of such contract."
[1975 2nd ex.s. c I § 3; 1975 1st ex.s. c 90 § 4.)
Reviser's note: (1) Chapter 90, Laws of 1975 !st ex. sess. consists of
amendments to RCW 82.04.050, 82.04.190 and 82.04.280;
(2) Section 5, chapter 291, Laws of 1975 1st ex. sess. amended
RCW 82.04.050;
(3) "this 1975 amendatory act" [1975 2nd ex.s. c I) consists of
amendments to RCW 82.12.010, 82.12.020 and 1975 1st ex.s. c 90 § 4.
Severability--1975 2nd ex.s. c 1: "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 2nd ex.s.
c I § 4.)
Construction-Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Effective date--1965 ex.s. c 173: The effective date of the above
amendment was June 1, 1965, see note following RCW 82.04.050.
82.12.020 Use tax imposed. There is hereby levied
and there shall be collected from every person in this
state a tax or excise for the privilege of using within this
state as a consumer any article of tangible personal
property purchased at retail, or acquired by lease, gift,
repossession, or bailment, or extracted or produced or
manufactured by the person so using the same, or otherwise furnished to a person engaged in any business
taxable under RCW 82.04.280, subsections (2) or (7).
This tax will not apply with respect to the use of any
article of tangible personal property purchased, extracted, produced or manufactured outside this state until
the transportation of such article has finally ended or
until such article has become commingled with the general mass of property in this state. This tax shall apply
to the use of every article of tangible personal property,
including property acquired at a casual or isolated sale,
and including byproducts used by the manufacturer
thereof, except as hereinafter provided, irrespective of
whether the article or similar articles are manufactured
or are available for purchase within this state. Except as
provided in subdivision (2) of RCW 82.12.030, payment
by one purchaser or user of tangible personal property
of the tax imposed by chapter 82.08 or 82.12 RCW shall
not have the effect of exempting any other purchaser or
user of the same property from the taxes imposed by
such chapters. The tax shall be levied and collected in
an amount equal to the value of the article used by the
taxpayer multiplied by the rate of four and one-half
percent. [1975 2nd ex.s. c l § 2; 1971 ex.s. c 281 § 10;
1969 ex.s. c 262 § 32; 1967 ex.s. c 149 § 22; 1965 ex.s. c
173 § 18; 1961 c 293 § 9; 1961 c 15 § 82.12.020. Prior:
1959 ex.s. c 3 § 10; 1955 ex.s. c 10 § 3; 1955 c 389 § 25;
1949 c 228 § 7; 1943 c 156 § 8; 1941 c 76 § 6; 1939 c
225 § 14; 1937 c 191 § 1; 1935 c 180 § 31; Rem. Supp.
1949 § 8370--31.]
Application of 1975 amendment to preexisting contracts-1975
2nd ex.s. c 1: See note following RCW 82.12.010.
Severability--1975 2nd ex.s. c 1: See note following RCW
82.12.010.
82.12.030
82.12.030 Exemptions. The provisions of this chapter shall not apply:
(I) In respect to the use of any article of tangibl_e
personal property brought into the state_ by a nonre~1dent thereof for his use or enjoyment while temporanly
within the state unless such property is used in conducting a nontransitory business activity within the
state; or in respect to the use by a nonresident of this
state of a motor vehicle which is registered or licensed
under the laws of the state of his residence and is not
used in this state more than three months, and which is
not required to be registered or licensed under the laws
of this state; or in respect to the use of household
goods, personal effects and private auto~obiles by a
bona fide resident of this state, if such artJcles were acquired and used by such person in anoth~r_s_tate while a
bona fide resident thereof and such acqu1s1t10n and use
occurred more than thirty days prior to the time he entered this state;
(2) In respect to the use of any article of tangible
personal property purchased at retail or acquired by
lease, gift or bailment if the sale thereof to, or the use
thereof by, the present user or his bailor or donor has
already been subjected to the tax under chapter 82.08
or 82.12 RCW and such tax has been paid by the
present user or by his bailor or donor; or in respect to
the use of property acquired by bailment and such tax
has once been paid based on reasonable rental as determined by RCW 82.12.060 measured by the value of
the article at time of first use multiplied by the tax rate
imposed by chapter 82.08 or 82.12 RCW as of the time
of first use; or in respect to the use of any article of
tangible personal property acquired by bailment, if the
property was acquired by a previous bailee from the
same bailor for use in the same general activity and
such original bailment was prior to June 9, 1961;
(3) In respect to the use of any article of tangible
personal property the sale of which is specifically taxable under chapter 82.16 RCW;
(4) In respect to the use of any airplane, locomotive,
railroad car, or watercraft used primarily in conducting
interstate or foreign commerce by transporting therein
or therewith property and persons for hire or used primarily in commercial deep sea fishing operations outside the territorial waters of the state, and in respect to
use of tangible personal property which becomes a
component part of any such airplane, locomotive, railroad car, or watercraft, and in respect to the use by a
nonresident of this state of any motor vehicle or trailer
used exclusively in transporting persons or property
across the boundaries of this state and in intrastate operations incidental thereto when such motor vehicle or
trailer is registered and licensed in a foreign state and in
respect to the use by a nonresident of this state of any
motor vehicle or trailer so registered and licensed and
used within this state for a period not exceeding fifteen
consecutive days under such rules as the department of
revenue shall adopt: Provided, That under circumstances determined to be justifiable by the department
of revenue a second fifteen day period may be authorized consecutive with the first fifteen day period; and
(1975 RCW Supp--p 629)
82.12.030
Title 82:
for the purposes of this exemption the term "nonresident" as used herein. shall include a user who has one
or more places of business in this state as well as in one
or more other states, but the exemption for nonresidents shall apply only to those vehicles which are most
frequently dispatched, garaged. serviced. maintained,
and operated from the user's place of business in another state; and in respect to the use by the holder of a
carrier permit issued by the Interstate Commerce Commission of any motor vehicle or trailer whether owned
by or leased with or without driver to the permit holder
and used in substantial part in the normal and ordinary
course of the user's business for transporting therein
persons or property for hire across the boundaries of
this state if the first use of which within this state is actual use in conducting interstate or foreign commerce;
and in respect to the use of any motor vehicle or trailer
while being operated under the authority of a onetransit permit issued by the director of motor vehicles
pursuant to RCW 46.16. l 00 and moving upon the
highways from the point of delivery in this state to a
point outside this state; and in respect to the use of
tangible personal property which becomes a component
part of any motor vehicle or trailer used by the holder
of a carrier permit issued by the Interstate Commerce
Commission authorizing transportation by motor vehicle across the boundaries of this state whether such
motor vehicle or trailer is owned by or leased with or
without driver to the permit holder;
(5) In respect to the use of any article of tangible
personal property which the state is prohibited from
taxing under the Constitution of the state or under the
Constitution or laws of the United States;
(6) In respect to the use of motor vehicle fuel used in
aircraft by the manufacturer thereof for research, development, and testing purposes and motor vehicle fuel
taxable under chapter 82.36 RCW: Provided, That the
use of such fuel upon which a refund of the motor vehicle fuel tax is obtained shall not be exempt, and the
director of motor vehicles shall deduct from the amount
of such tax to be refunded the amount of tax due under
this chapter and remit the same each month to the department of revenue;
(7) In respect to the use of any article of tangible
personal property included within the transfer of the title to the entire operating property of a publicly or privately owned public utility, or of a complete operating
integral section thereof. by the state or a political subdivision thereof in conducting any business defined in
subdivisions (1), (2), (3). (4), (5), (6), (7), (8), (9), (10), or
(I I) of RCW 82.16.010;
(8) In respect to the use of tangible personal property
(including household goods) which have been used in
conducting a farm activity, if such property was purchased from a farmer at an auction sale held or conducted by an auctioneer upon a farm and not
otherwise:
(9) In respect to the use of tangible personal property
h\ corporations which have been incorporated under
any act of the congress of the United States and whose
principal purposes are to furnish volunteer aid to members of the armed forces of the United States and also
(1975 RCW Supp--p
6301
Excise Taxes
.
to carry on a system of national and international relief
and to apply the same in mitigating the sufferings
caused by pestilence, famine, fire, flood, and other national calamities and to devise and carry on measures
for preventing the same;
(IO) In respect to the use of purebred livestock for
breeding purposes where said animals are registered in
a nationally recognized breed association; sales of cattle
and milk cows used on the farm;
(11) In respect to the use of poultry in the production
for sale of poultry or poultry products;
( 12) In respect to the use of fuel by the extractor or
manufacturer thereof when used directly in the operation of the particular extractive operation or manufacturing plant which produced or manufactured the same;
(13) In respect to the use of motor vehicles, equipped
with dual controls, which are loaned to and used exclusively by a school in connection with its driver training
program: Provided, That this exemption and the term
"school" shall apply only to (a) the University of
Washington, Washington State University, the state
colleges and the state community colleges or (b) any
public, private or parochial school accredited by either
the state board of education or by the University of
Washington (the state accrediting station) or (c) any
public vocational school meeting the standards, courses
and requirements established and prescribed or approved in accordance with the Community College Act
of 1967 (chapter 8, Laws of I 967 first extraordinary
session);
(14) In respect to the use by a bailee of any article of
tangible personal property which is entirely consumed
in the course of research, development, experimental
and testing activities conducted by the user, provided
the acquisition or use of such articles by the bailor was
not subject to the taxes imposed by chapter 82.08 RCW
or chapter 82.12 RCW;
(15) In respect to the use by residents of this state of
motor vehicles and trailers acquired and used while
such persons are members of the armed services and are
stationed outside this state pursuant to military orders,
but this exemption shall not apply to members of the
armed services called to active duty for training purposes for periods of less than six months and shall not
apply to the use of motor vehicles or trailers acquired
less than thirty days prior to the discharge or release
from active duty of any person from the armed
services;
( 16) In respect to the use of semen in the artificial insemination of livestock;
(17) In respect to the use of form lumber by any person engaged in the constructing, repairing, decorating
or improving of new or existing buildings or other
structures under, upon or above real property of or for
consumers: Provided, That such lumber is used or to be
used first by such person for the molding of concrete in
a single such contract, project or job and is thereafter
incorporated into the product of that same contract,
project or job as an ingredient or component thereof;
(18) In respect to the use of any sand, gravel, or rock
to the extent of the cost of or charges made for labor
and services performed in respect to the mining, sorting,
Use Tax
crushing, screening, washing, hauling, and stockpiling
such sand, gravel, or rock, when such sand, gravel, or
rock is taken from a pit or quarry which is owned by or
leased to a county or a city, and such sand, gravel, or
rock is (I) either stockpiled in said pit or quarry for
placement or is placed on the street, road, place, or
highway of the county or city by the county or city itself, or (2) sold by the county or city to a county, or a
city at actual cost for placement on a publicly owned
street, road, place, or highway. The exemption provided
for in this subsection shall not apply to the use of such
material to the extent of the cost of or charge made for
such labor and services, if the material is used for other
than public road purposes or is sold otherwise than as
provided for in this subsection.
( 19) In respect to the use of wearing apparel only as a
sample for display for the purpose of effecting sales of
goods represented by such sample.
(20) In respect to the use of tangible personal property held for sale and displayed in single trade shows for
a period not in excess of thirty days, the primary purpos~ of which is to promote the sale of products or
services.
(21) In respect to the use of pollen.
(22) In respect to the use of the personal property of
one political subdivision by another political subdivision directly or indirectly arising out of or resulting
from the annexation or incorporation of any part of the
territory of one political subdivision by another.
(23) In respect to the use of prescription drugs. The
term "prescription drugs" shall include any medicine,
drug, prescription lens, or other substance other than
food for use in the diagnosis, cure, mitigation, treatment, or prevention of disease or other ailment in humans ordered by (a) the written prescription to a
pharmacist by a practitioner authorized by law of this
state or laws of another jurisdiction to issue prescriptions, or (b) upon an oral prescription of such practitioner which is reduced promptly to writing and filed by
a duly licensed pharmacist, or (c) by refilling any such
written or oral prescription if such refilling is authorized
by the prescriber either in the original prescription or
by oral order which is reduced promptly to writing and
filed by the pharmacist, or (d) physicians or optometrists by way of written directions and specifications for
the preparation, grinding, and fabrication of lenses intended to aid or correct visual defects or anomalies of
humans.
(24) In respect to the use of returnable containers for
beverages and foods, including but not limited to soft
drinks, milk, beer, and mixers.
(25) In respect to the use of insulin, prosthetic devices, and medically prescribed oxygen. [ 197 5 I st ex.s. c
291 § 11; 1974 ex.s. c 185 § 2; 1971 ex.s. c 299 § 10;
1971 ex.s. c 11 § 2; 1970 ex.s. c 65 § 7; 1967 ex.s. c 149
§ 23; 1965 ex.s. c 173 § 19; 1963 ex.s. c 28 § 4; 1963 c
76 § I; 1961 c 293 § 10; 1961 c 15 § 82.12.030. Prior:
1959 ex.s. c 3 § 11; 1955 c 389 § 26; 1955 c 137 § 2;
1951 !st ex.s. c 9 § 4; 1949 c 228 § 8; 1945 c 249 § 6;
1943 c 156 § 9; 1941 c 178 § 9a; 1939 c 225 § 15; 1937 c
191 § 2; 1935 c 180 § 32; Rem. Supp. 1949 § 8370-32.]
82.12.050
Effective dates-Severability-1975 1st ex.s. c 291: See notes
following RCW 82.04.050.
Effective date-1974 ex.s. c 185: See note following RCW
82.08.030.
Effective dates-Severability-1971 ex.s. c 299: See notes following RCW 82.04.050.
Effective date-1971 ex.s. c 11: See note following RCW
82.08.030.
Nonresident members of armed forces, exemption from use tax on
motor vehicle: RCW 46.16.480.
82.12.050 Monthly, estimated, annual, etc., returns--Remittances--Reporting procedures and
forms. Each taxpayer subject to the provisions of this
chapter shall, on or before the fifteenth day of the
month succeeding the end of the monthly period in
which the tax accrued, file a return with the department
of revenue showing in detail the total quantity of tangible personal property used by him within the state during the preceding monthly period subject to the tax
herein imposed, and such other information as the department may deem pertinent. Each taxpayer shall remit to the department with his return the amount of tax
shown thereon to be due: Provided, That any such taxpayer may elect to remit each month on such forms as
the department of revenue shall in its discretion prescribe, an estimate of the tax to be due for each month
on or before the fifteenth day of the month next succeeding the end of the monthly period in which the tax
accrued, and a quarterly return to the department on or
before the fifteenth day of the month next succeeding
the end of each quarter of every year and shall remit
therewith the balance of the actual tax due for the period of the report: Provided further, That every person
who shall elect to remit a monthly "estimate of the tax
to be due'' as hereinabove described shall remit each
month at least one-third of the tax paid during the previous quarter or, ninety percent of the tax actually collected or owing during the month, whichever is greater.
The department of revenue may also relieve any taxpayer or class of taxpayers from the obligation of filing
monthly returns and may require the return to cover
other reporting periods, but in no event shall returns be
filed for a period greater than one year.
The department of revenue may also, by general rule
or regulation, establish conditions for submission of annual or semiannual reconciling returns by such taxpayers or class of taxpayers in lieu of quarterly returns.
The department of revenue may also require verified
annual returns from any taxpayer, setting forth such
additional information as it may deem necessary to
correctly determine tax liability.
The department of revenue shall, by rule or regulation, establish procedures and forms for reporting consonant with efficient tax administration and accounting
procedure to carry into effect the provisions of this
chapter. [1975 1st ex.s. c 278 § 53; 1961 c 15 § 82.12.050. Prior: 1959 c 197 § 6; 1939 c 225 § 17; 1937 c 191
§ 3; 1935 c 180 § 34; RRS § 8370-34.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
(1975 RCW Supp--p 6311
82.12.060
Title 82:
82.12.060 Installment sales, leases, bailments. In the
case of installment sales and leases of personal property. the department. by regulation. may provide for the
collection of taxes upon the installments of the purchase price, or amount of rental, as of the time the
same fall due.
In the case of property acquired by bailment, the department, by regulation, may provide for payment of
the tax due in installments based on the reasonable
ren ta! for the property as determined under RCW
82.12.010(1). [1975 1st ex.s. c 278 § 54; 1961 c 293 § 16;
1961 c 15 § 82.12.060. Prior: 1959 ex.s. c 3 § 13; 1959 c
197 § 8; prior: 1941 c 178 § 11, part; Rem. Supp. 1941 §
8370-34a, part.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
82.12.070 Tax may be paid on cash receipts basis if
books are so kept. The department of revenue, by general regulation, may provide that a taxpayer whose regular books of account are kept on a cash receipts basis
may file returns based upon his cash receipts for each
reporting period and pay the tax herein provided upon
such basis in lieu of reporting and paying the tax on all
sales made during such period. [ 1975 1st ex.s. c 278 §
55; 1961 c 15 § 82.12.070. Prior: 1959 ex.s. c 3 § 14;
1959 c 197 § 9; prior: 1941 c 178 § 11, part; Rem. Supp.
1941 § 8370-34a, part.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Chapter 82.14
COUNTIES, CITIES AND METRO POLITAN
MUNICIPAL CORPORATIONS-RETAIL SALES
AND USE TAXES
Sections
82.14.045
82.14.047
Sales and use taxes for public transportation systems.
Repealed.
82.14.045 Sales and use taxes for public transportation systems. (1) The legislative body of any city pursuant to RCW 35.92.060, of any county which has created
an unincorporated transportation benefit area pursuant
to RCW 36.57.100 and 36.57.110, of any public transportation benefit area pursuant to RCW 36.57 A.080
and 36.57A.090, of any county transportation authority
established pursuant to chapter 36.57 RCW, and of any
metropolitan municipal corporation within a class AA
county pursuant to chapter 35.58 RCW, may, by resolution or ordinance for the sole purpose of providing
funds for the operation, maintenance or capital needs of
public transportation systems and in lieu of the excise
taxes authorized by RCW 35.95.040, as now or hereafter amended, submit an authorizing proposition to the
voters or include such authorization in a proposition to
perform the function of public transportation and if approved by a majority of persons voting thereon, fix and
impose a sales and use tax in accordance with the terms
of this chapter: Provided. That no such legislative body
shall impose such a sales and use tax without submitting such an authorizing proposition to the voters and
(1975 RCW Supp---p 632)
Excise Taxes
obtaining the approval of a majority of persons voting
thereon: Provided further, That where such a proposition is submitted by a county on behalf of an unincorporated transportation benefit area, it shall be voted
upon by the voters residing within the boundaries of
such unincorporated transportation benefit area and, if
approved, the sales and use tax shall be imposed only
within such area. Notwithstanding any provisions of
this section to the contrary, any county in which a
county public transportation plan has been adopted
pursuant to RCW 36.57.070 and the voters of such
county have authorized the imposition of a sales and
use tax pursuant to the provisions of RCW 82.14.047,
section JO, chapter 167, Laws of 1974 ex. sess., prior to
July I, 1975, shall be authorized to fix and impose a
sales and use tax as provided in this section at not to
exceed the rate so authorized without additional approval of the voters of such county as otherwise required by this section.
The tax authorized pursuant to this section shall be in
addition to the tax authorized by RCW 82.14.030 and
shall be collected from those persons who are taxable
by the state pursuant to chapters 82.08 and 82.12 RCW
upon the occurrence of any taxable event within such
city, public transportation benefit area, county, or metropolitan municipal corporation as the case may be.
The rate of such tax shall be one-tenth, two-tenths, or
three-tenths of one percent of the selling price (in the
case of a sales tax) or value of the article used (in the
case of a use tax) and shall not exceed the rate authorized in the proposition approved by the voters unless
such increase shall be similarly approved.
(2) (a) In the event a metropolitan municipal corporation shall impose a sales and use tax pursuant to this
chapter no city, county which has created an unincorporated transportation benefit area, public transportation benefit area authority, or county transportation
authority wholly within such metropolitan municipal
corporation shall be empowered to levy and/or collect
taxes pursuant to RCW 35.58.273, 35.95.040 and/or 82.14.045, as now or hereafter amended, but nothing
herein shall prevent such city or county from imposing
sales and use taxes pursuant to any other authorization.
(b) In the event a county transportation authority
shall impose a sales and use tax pursuant to this section, no city, county which has created an unincorporated transportation benefit area, public transportation
benefit area, or metropolitan municipal corporation, located within the territory of the authority, shall be empowered to levy or collect taxes pursuant to RCW
35.58.273, 35.95.040, or 82.14.045, as now or hereafter
amended.
(c) _In the event a public transportation benefit area
shall impose a sales and use tax pursuant to this section, no city, county which has created an unincorporate~ _transportation benefit area, or metropolitan
mumc1pal corporation, located wholly or partly within
the territory of the public transportation benefit area,
shall be empowered to levy or collect taxes pursuant to
RCW 35.58.273, 35.95.040 or 82.14.045, as now or hereafter amended.
82.20.030
Tax on Conveyances
(3) Any local sales and use tax revenue collected
pursuant to this section by any city or by any county
for transportation purposes pursuant to RCW 36.57.100
and 36.57.110 shall not be counted as locally generated
tax revenues for the purposes of apportionment and
distribution, in the manner prescribed by chapter 82.44
RCW, as now or hereafter amended, of the proceeds of
the motor vehicle excise tax authorized pursuant to
RCW 35.58.273, as now or hereafter amended. [1975 !st
ex.s. c 270 § 6; 1971 ex.s. c 296 § 2.]
Severability--Elfective date--1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
Legislative finding, declaration: "The legislature finds that adequate
public transportation systems are necessary to the economic, industrial and cultural development of the urban areas of this state and the
health, welfare and prosperity of persons who reside or are employed
in such areas or who engage in business therein and such systems are
increasingly essential to the functioning of the urban highways of the
state. The legislature further finds and declares that fares and tolls for
the use of public transportation systems cannot maintain such systems
in solvent financial conditions and at the same time meet the need to
serve those who cannot reasonably afford or use other forms of
transportation. The legislature further finds and declares that additional and alternate means of financing adequate public transportation service are necessary for the cities, metropolitan municipal
corporations and counties of this state which provide such service."
[1971 ex.s. c 296 § I.] This applies to RCW 82.14.045-82.14.060.
Severability--1971 ex.s. c 296: "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
296 § 5.] This applies to RCW 82.14.045-82.14.060.
for the period of the report: Provided further, That every person who shall elect to remit a monthly "estimate
of the tax to be due" as hereinabove described shall remit each month at least one-third of the tax paid during the previous quarter or, at least ninety percent of
the tax actually collected or owing during the month.
The department of revenue may also relieve any taxpayer or class of taxpayers from the obligation of filing
monthly returns and may require the return to cover
other reporting periods, but in no event shall returns be
filed for a period greater than one year.
The department of revenue may also, by general rule
or regulation, establish conditions for submission of annual or semiannual reconciling returns by such taxpayers or class of taxpayers in lieu of quarterly returns.
The department of revenue may also require verified
annual returns from any taxpayer, setting forth such
additional information as it may deem necessary to
correctly determine tax liability.
The department shall, by rule or regulation, establish
procedures and forms for reporting consonant with efficient tax administration and accounting procedure to
carry into effect the provisions of this chapter. [1975 !st
ex.s. c 278 § 56; 1961 c 293 § 14; 1961 c 15 § 82.16.070.
Prior: 1959 c 197 § 10; 1935 c 180 § 42; RRS §
8370-42.]
Construction--Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
82.14.047 Repealed. See Supplementary Table of
Disposition of Former RCW Sections, this volume.
Chapter 82.20
TAX ON CONVEYANCES
Sections
Chapter 82.16
PUBLIC UTILITY TAX
Sections
82.16.070
Monthly, estimated, annual, etc., returns--Remittances--Reporting procedures and forms.
82.16.070 Monthly, estimated, annual, etc., returns--Remittances--Reporting procedures and
forms. The taxes imposed hereunder shall be due and
payable in monthly installments and remittance therefor shall be made on or before the fifteenth day of the
month next succeeding the end of the monthly period in
which the tax accrued. The taxpayer on or before the
fifteenth day of such month shall make out a return,
upon such forms and setting forth such information as
the department of revenue may require, showing the
amount of the tax for which he is liable for the preceding monthly period, sign, and transmit the same to the
department, together with a remittance for such amount
in the form required in chapter 82.32 RCW: Provided,
That any such taxpayer may elect to remit each month
on such forms as the department of revenue shall in its
discretion prescribe, an estimate of the tax to be due for
each month on or before the fifteenth day of the month
next succeeding the end of the monthly period in which
the tax accrued, and a quarterly return to the department on or before the fifteenth day of the month next
succeeding the end of each quarter of every year and
shall remit therewith the balance of the actual tax due
82.20.020
82.20.030
82.20.040
82.20.060
Documentary stamps to be affixed.
Cancellation of stamps.
Redemption of stamps--Limitation.
Other offenses--Penalty.
82.20.020 Documentary stamps to be affixed. The
department of revenue shall cause to be prepared and
distributed for the payment of the taxes prescribed in
this chapter suitable stamps denoting the tax on any instrument, document, or paper, to which the same may
be affixed, and shall prescribe such method for the affixing of the stamps as it may deem expedient. [1975 !st
ex.s. c 278 § 57; 1961 c 15 § 82.20.020. Prior: 1935 c 180
§ 55; RRS § 8370-55.]
Construction--Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
82.20.030 Cancellation of stamps. Whenever any
stamp is used for denoting any tax imposed by this
chapter, except as hereinafter provided, the person using or affixing the same shall write or stamp thereon,
the initials of his name and the date upon which it is
attached. or used, so that the stamp may not again be
used. The department of revenue may prescribe such
other method for the cancellation of the stamps as it
may deem expedient. [1975 !st ex.s. c 278 § 58; 1961 c
15 § 82.20.030. Prior: 1935 c 180 § 56; RRS § 8370-56.]
Construction-Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
(1975 RCW Supp--p 633(
82.20.040
Title 82:
82.20.040 Redemption of stamps--Limitation. The
department of re\·enue may, upon receipt of satisfactory
evidence of the facts, make allowance for or redeem
such of the stamps. issued under authority of law to
denote the payment of any tax, as may have been
spoiled. destroyed or rendered useless or unfit for the
purpose intended, or for which the owner m~y have no
use, or which, through mistake, have been imprope'.ly
or unnecessarily used, or where the re.turn.s or duties
rep resented thereby have been excessive in amount,
paid in error, or in any manner wrongfully c~llected.
Such allowance or redemption may be made, either by
giving other stamps in lieu of the stamps so allowed for
or redeemed or by refunding the amount of value to the
owner thereof; but no allowance or redemption shall be
made in any case until the stamps so spoiled or rendered useless have been returned to the department, or
until satisfactory proof has been made showing the reason why they cannot be returned. No claim for the redemption of or allowance for stamps shall be allowed
unless presented within two years after the purchase of
the stamps from the department. [1975 1st ex.s. c 278 §
59; 1961 c 15 § 82.20.040. Prior: 1935 c 180 § 57; RRS
§ 8370-57.]
Construction--Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
82.20.060 Other offenses--Penalty. Each of the
following acts is hereby declared to be a gro_ss ~isde­
meanor and punishable as such: (1) To take, sign, issue,
or accept, or cause to be made, signed, issued, or accepted, any instrument of any .kind witho~t the full
amount of the tax thereon being duly paid; (2) to
fraudulently cut, tear, or remove from ~ny instrument,
upon which any tax is imposed by this ~hapter, any
stamp or the impression of any sta~p, die. plate, or
other article provided, made, or used in the pursuance
of this chapter; (3) to wilfully remove, o'. alter the cancellation or defacing marks of, or otherwise prepare any
stamp, with intent to use, or cause the s_ame to be_used,
after it has already been used, or knowingly or wilfully
buy, sell, offer for sale, or give away, any such wa_shed
or restored stamp to any person for use, or knowingly
use the same; (4) for any person other than the department of revenue or its duly authorized agent to sell any
stamp provided for herein, not affixed to. any c~nvey­
ance taxed herein, whether such stamp is genuine or
counterfeit. [1975 1st ex.s. c 278 § 60; 1961 c 15 § 82.20.060. Prior: 1935 c 180 § 59; RRS § 8370-59.]
Construction-Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Chapter 82.24
TAX ON CIGARETTES
Sections
82.24.030
82.24.090
82.24.110
82.24.120
82.24.140
82.24.180
Stamps to be affixed-Meter machines authorized.
Records to be preserved-Reports.
Other offenses-Penalty.
Violations--Penalties and interest.
Forfeiture procedure-Seizures-Notice-Claimant's bond--Court proceedings.
Seized property may be returned.
(1975 RCW Supp--p 6341
Excise Taxes
82.24.190
82.24.210
82.24.220
82.24.260
Search and seizure.
Redemption of stamps.
Vending machines--Certificates. .
.
Selling or disposing of unstamped cigarettes-Retailer
to collect and remit tax-Liability.
82.24.030 Stamps to be affixed--Meter machines
authorized. In order to enforce collection of the tax
hereby levied, the department of re_venue shall de~ign
and have printed stamps of such size and denominations as may be determined by the department, such
stamps to be affixed on the smallest container or pac.kage that will be handled, sold, used, consu~ed, or di_stributed, to permit the department to readily ascert~m
by inspection, whether or not such tax has been paid.
Every person shall cause to be affixed on every package
of cigarettes on which a tax is due, stamps of an
amount equaling the tax due thereon before he sells,
offers for sale, uses, consumes, handles, removes, or
otherwise disturbs and distributes the same: Provided,
That where it is established to the satisfaction of the
department that it is impractical to affix such stamps to
the smallest container or package, the department may
authorize the affixing of stamps of appropriate denomination to a large container or package.
The department may authorize the use o~ m~ter
stamping machines for imprinting stamps, wh~ch imprinted stamps shall be in lieu of those_ otherwise pr~­
vided for under this chapter, and if such use is
authorized, shall provide reasonable rules and regulations with respect thereto. [1975 1st ex.s. c 2?8 § 61;
1961 c 15 § 82.24.030. Prior: 1959 c 270 § 3; pnor: 1949
c 228 § 13, part; 1943 c 156 § 11, part; 1941 c 178 § 13,
part; 1939 c 225 § 23, part; 1935 c 180 § 82, part; Rem.
Supp. 1949 § 8370-82, part.]
Construction-Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
82.24.090 Records to be preserved--Reports. Every wholesaler or retailer subject to the provisions of
this chapter shall keep and preserve for a period of five
years an accurate set of records, showing all transactions had with reference to the purchase and sale of any
of the articles taxed herein and such persons shall also
keep separately all invoices, and shall keep a record of
all stamps purchased, and all such records and all stock
of taxable articles on hand shall be open to inspection
at all reasonable times by the department of revenue or
its duly authorized agent.
All wholesalers shall within fifteen days after the first
day of each month file with the department of revenue
a report of all drop shipment sales made by them to retailers within this state during the preceding month,
which report shall show the name and address of the
retailer to whom the cigarettes were sold, the kind and
quantity, and the date of delivery thereof. [1975 1st ex.s.
c 278 § 62; 1961 c 15 § 82.24.090. Prior: 1941 c 178 §
14; 1939 c 225 § 24; 1935 c 180 § 84; Rem. Supp. 1941
§ 8370-84.]
Construction-Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Tax on Cigarettes
82.24.110 Other offenses--Penalty. Each of the
following acts is a gross misdemeanor and punishable
as such:
(I) To sell, except as a registered wholesaler or retailer engaged in interstate commerce as to the article being taxed herein, without the stamp first being affixed;
(2) To use or have in possession knowingly or intentionally any forged or counterfeit stamps;
(3) For any person other than the department of revenue or its duly authorized agent to sell any stamps not
affixed to any of the articles taxed herein whether such
stamps are genuine or counterfeit;
(4) To violate any of the provisions of this chapter;
(5) To violate any lawful rule or regulation made and
published by the department of revenue;
(6) To use any stamps more than once;
(7) To refuse to allow the department of revenue or
any duly authorized agent thereof, on demand, to make
full inspection of any place of business where any of the
articles herein taxed are sold or otherwise hinder or
prevent such inspection;
(8) For any retailer, except one permitted to maintain
an unstamped stock to engage in interstate business as
provided herein, to have in possession in any place of
business any of the articles herein taxed, unless the
same have the proper stamps attached;
(9) For any person to make, use, or present or exhibit
to the department of revenue or any duly authorized
agent thereof, any invoice for any of the articles herein
taxed which bears an untrue date or falsely states the
nature or quantity of the goods therein invoiced;
(10) For any wholesaler or retailer or his agents or
employees to fail to produce on demand of the department of revenue all invoices of all the articles herein
taxed or stamps bought by him or received in his place
of business within five years prior to such demand unless he can show by satisfactory proof that the nonproduction of the invoices was due to causes beyond his
control;
(11) For any person to receive in this state any shipment of any of the articles taxed herein, when the same
are not stamped, for the purpose of avoiding payment
of tax. It is presumed that persons other than dealers
who purchase or receive shipments of unstamped cigarettes do so to avoid payment of the tax imposed
herein.
All agents, employees, and others who aid, abet, or
otherwise participate in any way in the violation of the
provisions of this chapter or in any of the offenses
herein described shall be guilty and punishable as principals, to the same extent as any wholesaler or retailer
violating the provisions thereof. [ 1975 1st ex.s. c 278 §
63; 1961c15 § 82.24.110. Prior: 1941c178 § 15; 1935 c
180 § 86; Rem. Supp. 1941 § 8370-86.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW l l.08.160.
82.24.120 Violations--Penalties and interest. If
any person, subject to the provisions of this chapter or
any rules and regulations promulgated by the department of revenue under authority hereof, is found to
have failed to affix the stamps required, or to have them
82.24.140
affixed as herein provided, or to pay any tax due hereunder, or to have violated any of the provisions of this
chapter or rules and regulations promulgated by the
department of revenue in the administration hereof,
there shall be assessed and collected from such person,
in addition to any tax that may be found due, a penalty
equal to the amount of any tax found to be due plus
interest thereon at the rate of one percent for each thirty days or portions thereof from the date the tax became due, and upon notice mailed to the last known
address of the taxpayer said amount shall become due
and payable in ten days, at which time the department
or its duly authorized agent may make immediate demand upon such person for the payment of all such
taxes and penalties. The department, for good reason
shown, may remit all or any part of penalties imposed,
but the taxpayer must pay all taxes due and interest
thereon, at the rate of one percent for each thirty days
or portion thereof. The keeping of any unstamped articles coming within the provisions of this chapter shall
be prima facie evidence of intent to violate the provisions of this chapter. [ 1975 1st ex.s. c 278 § 64; 1961 c
15 § 82.24.120. Prior: 1949 c 228 § 15; 1939 c 225 § 25;
1935 c 180 § 87; Rem. Supp. 1949 § 8370-87.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
82.24.140 Forfeiture procedure-Seizures--Notice-Claimant's bond--Court proceedings. In all
cases of seizure of any property made subject to forfeiture under the provisions of this chapter, which, in the
opinion of the person making the seizure, is of the appraised value of one hundred dollars, or more, the said
person shall proceed as follows:
(1) He shall cause a list containing a particular description of the property seized to be prepared in duplicate, and an appraisement thereof to be made by three
sworn appraisers to be selected by him, who shall be
respectable and disinterested citizens of this state, residing within the county where the seizure was made.
Said list and appraisement shall be properly attested by
the said person and the said appraisers, for which service each of the said appraisers shall be allowed the sum
of one dollar per day for not exceeding two days, to be
paid as other costs;
(2) If the property seized is believed, by the person
making the seizure, to be of less value than one hundred dollars, no appraisement shall be made;
(3) The person making the seizure shall proceed to
give notice thereof for five days, in writing, at three
places in the county where the seizure is made. One of
the notices shall be posted at the county court house;
another at the place where the goods were seized; and
the other at some public place. The notice shall describe
the property seized, and the time and place and cause
of seizure and give the name and place of residence, if
known, of the person from whom the property was
seized, and shall require any person claiming it to appear and make such claim in writing, within five days
from the date of the first posting of such notice. Such
(1975 RCW Supp---p 635)
82.24.140
Title 82:
person making the seizure shall also deliver to the person from whom the property was seized, and also to the
owner. if known. a copy of the said notice;
( 4) Any person claiming the said property seized as
contraband. within the time specified in the notice, may
file with the department of revenue a claim, in writing,
stating his interest in the property seized, and may execute a bond to the department of revenue in a penal
sum equal to double the value of the property so seized,
but in no case shall said bond be less than one hundred
dollars, with sureties to be approved by the clerk of the
superior court in the county in which the property is
seized, conditioned that in case of condemnation of the
property seized, the obligor shall pay to the department
of revenue the full value of the property so seized, and
all costs and expenses of the proceedings to obtain such
condemnation, including a reasonable attorney's fee.
And, upon delivery of such bond to the department of
revenue, it shall transmit the same with the duplicate
list or description of the property seized to the prosecuting attorney of the county in which such seizure was
made, and said prosecuting attorney shall prosecute the
case to secure the forfeiture of said property in the
court having jurisdiction. Upon filing the bond aforesaid, the said property shall be delivered to the claimant
pending the outcome of the case: Provided, That he
shall at once affix the required stamps thereto;
(5) If no claim is interposed and no bond is filed
within the time above specified, such property shall be
forfeited, without further proceedings, and the same
shall be sold as herein provided, and the proceeds of
sale when received by the department of revenue shall
be paid into the state treasury as are other funds collected: Provided, That in seizures of property of less
value than one hundred dollars, the same may be advertised by the department of revenue with other quantities at Olympia or at any other city or town in which a
branch office of the department of revenue is located
and disposed of as hereinbefore provided;
(6) In proceedings to secure a confiscation of the
property hereinbefore mentioned, where the value of
the goods seized at one time is one hundred dollars, or
less, the justice court of the place where the property is
situated, shall have jurisdiction to try the cause. Where
the value of the property seized at one time is more
than one hundred dollars, then the superior court of the
county where the property is seized shall have jurisdiction to try the cause.
The proceedings against property seized, according to
the provisions of this chapter, shall be considered a
proceeding in rem unless otherwise herein provided.
Within ten days after filing the bond provided for in
subdivision (4) hereof, the claimant shall file a petition
in the court having jurisdiction of the cause, and the
department of revenue or other party authorized to
prosecute the confiscation of said property, shall plead
to it as if it were an ordinary action at law, and the
same rules of pleading and procedure applicable to actions in the justice court or superior court shall be obsen ed in this action, and the costs shall be adjudged as
in other actions: Provided, however, That neither the
state. nor the department of revenue, nor any other
(1975 RCW Supp--p 636)
Excise Taxes
person representing the state shall be liable for the costs
in event the court shall not confiscate the property in
controversy. [1975 1st ex.s. c 278 § 65; 1961 c 15 § 82.24.140. Prior: 1939 c 225 § 26; 1935 c 180 § 89; RRS §
8370-89. Formerly RCW 82.24.140, 82.24.150,
82.24.160, 82.24.170 and 82.24.200.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
82.24.180 Seized property may be returned. The department of revenue may return any property seized
under the provisions of this chapter when it is shown
that there was no intention to violate the provisions
thereof.
When any property is seized, under the provisions of
this chapter, the department may return such goods to
the parties from whom they were seized if and when
such parties affix the proper amount of stamps thereto,
and pay to the department as penalty an amount equal
to twenty-five percent of the amount of tax due and interest thereon at the rate of one percent for each thirty
days or portion thereof from the date the tax became
due, and in such cases, no advertisement shall be made
or notices posted in connection with said seizure. [ 1975
1st ex.s. c 278 § 66; 1961 c 15 § 82.24.180. Prior: 1935 c
180 § 90; RRS § 8370-90.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
82.24.190 Search and seizure. When the department
of revenue has good reason to believe that any of the
articles taxed herein are being kept, sold, offered for
sale, or given away in violation of the provisions of this
chapter or regulations issued under authority hereof, it
may make affidavit of such fact, describing the place or
thing to be searched, before any justice of the peace,
mayor of any city, town or village, or judge of any
court. in this state, and such justice, mayor or judge
shall issue a search warrant directed to the sheriff, any
constable, police officer, or duly authorized agent of the
department of revenue commanding him diligently to
search any building, room in a building, place or vehicle as may be designated in the affidavit and search
warrant, and to seize such tobacco so possessed and to
hold the same until disposed of by law, and to arrest
the person in possession or control thereof. If upon the
ret~rn of such warrant, it shall appear that any of the
articles taxed herein, unlawfully possessed, were seized,
the same shall be sold as provided in this chapter. [1975
1st ex.s. c 278 § 67; 1961 c 15 § 82.24.190. Prior: 1949 c
228 § 16; 1935 c 180 § 91; Rem. Supp. 1949 § 8370-91.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
82.24.210 Redemption of stamps. The department of
'.evenue may promulgate rules and regulations providmg for the r~fund to dealers for the cost of stamps affixed to artJcles taxed herein, which by reason of
damage become unfit for sale and are destroyed by the
dealer or returned to the manufacturer or jobber. In the
case of any articles to which stamps have been affixed,
82.26.010
Tax on Tobacco Products
and which articles have been sold and shipped to a regular dealer in such articles in another state, the seller in
this state shall be entitled to a refund of the actual
amount of the stamps so affixed, less the affixing discount, upon condition that the seller in this state makes
affidavit that the articles were sold and shipped outside
of the state and that he has received from the purchaser
outside the state a written acknowledgment that he has
received such articles with the amount of stamps affixed
thereto, together with the name and address of such
purchaser. The department of revenue may redeem any
unused stamps purchased from it at the face value
thereof less the affixing discount. [1975 1st ex.s. c 278 §
68; 1961 c 15 § 82.24.210. Prior: 1949 c 228 § 17; 1941 c
178 § 17; 1935 c 180 § 92; Rem. Supp. 1949 § 8370-92.]
Construction--Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
personal liability for the tax imposed by RCW 82.24.020, 28A.47.440 and 73.32.130.
Nothing in this section shall relieve a wholesaler or a
retailer from the requirements of affixing stamps pursuant to RCW 82.24.040 and 82.24.050. [ 1975 1st ex.s. c
22 § l; 1972 ex.s. c 157 § 7.]
Severability--1972 ex.s. c 157: See note following RCW
82.24.020.
Chapter 82.26
TAX ON TOBACCO PRODUCTS
Sections
82.26.010
82.26.020
82.26.050
82.26.060
82.26.080
82.24.220 Vending machines--Certificates. Every
person in this state who by means of a vending machine
sells any of the articles taxed herein shall be required
before engaging in such business to apply to and obtain
from the department of revenue a certificate to engage
in business as a retailer, and shall obtain a separate
certificate for each machine used in vending or selling
any of the articles taxed herein and each machine so
used shall be considered a separate place of business.
Any articles taxed herein vended by means of any such
machine shall bear stamps as evidence that the tax
herein imposed has been paid and the articles taxed
herein contained in such machines shall be available for
inspection by the department or its duly authorized
agents at all times. [1975 1st ex.s. c 278 § 69; 1961 c 15
§ 82.24.220. Prior: 1941 c 178 § 18; 1935 c 180 § 93;
Rem. Supp. 1941 § 8370-93.]
Construction-Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
82.24.260 Selling or disposing of unstamped cigarettes--Retailer to collect and remit tax--Liability.
Any retailer who sells or otherwise disposes of any unstamped cigarettes other than (1) a federal instrumentality with respect to sales to authorized military
personnel and (2) a federally recognized Indian tribal
organization with respect to sales to enrolled members
of the tribe shall collect from the buyer or transferee
thereof the tax imposed on such buyer or transferee by
RCW 82.24.020, 28A.47.440, and 73.32.130, and remit
the same to the department after deducting from the tax
collected the compensation he would have been entitled
to under the provisions of this chapter, RCW 28A.47.440 and 73.32.130 if he had affixed stamps to the unstamped cigarettes. Such remittance shall be made at
the same time and manner as remittances of the retail
sales tax as required under chapters 82.08 and 82.32
RCW. In the event the retailer fails to collect the tax
from the buyer or transferee, or fails to remit the same,
the retailer shall be personally liable therefor, and shall
be subject to the administrative provisions of RCW 82.24.230 with respect to the collection thereof by the department. The provisions of this section shall not relieve
the buyer or possessor of unstamped cigarettes from
82.26.090
82.26.110
Definitions.
Tax imposed-Rate.
Certificate of registration required.
Books and records to be preserved-Entry and inspection by department.
Invoices of purchases to be procured by retailer, subjobber--Preservation--Inspection.
Records of shipments, deliveries from public warehouse
of first destination-Preservation-Inspection.
When credit may be obtained for tax paid.
82.26.010 Definitions. As used in this chapter:
(l) "Tobacco products" means cigars, cheroots,
stogies, periques, granulated, plug cut, crimp cut, ready
rubbed, and other smoking tobacco, snuff, snuff flour,
cavendish, plug and twist tobacco, fine-cut and other
chewing tobaccos, shorts, refuse scraps, clippings, cuttings and sweepings of tobacco, and other kinds and
forms of tobacco, prepared in such manner as to be
suitable for chewing or smoking in a pipe or otherwise,
or both for chewing and smoking, but shall not include
cigarettes as defined in RCW 82.24.010(4);
(2) "Manufacturer" means a person who manufactures and sells tobacco products;
(3) "Distributor" means (a) any person engaged in
the business of selling tobacco products in this state
who brings, or causes to be brought, into this state from
without the state any tobacco products for sale, (b) any
person who makes, manufactures, or fabricates tobacco
products in this state for sale in this state, (c) any person engaged in the business of selling tobacco products
without this state who ships or transports tobacco products to retailers in this state, to be sold by those
retailers;
(4) "Subjobber" means any person, other than a
manufacturer or distributor, who buys tobacco products
from a distributor and sells them to persons other than
the ultimate consumers;
(5) "Retailer" means any person engaged in the business of selling tobacco products to ultimate consumers;
(6) "Sale" means any transfer, exchange, or barter, in
any manner or by any means whatsoever, for a consideration, and includes and means all sales made by any
person. It includes a gift by a person engaged in the
business of selling tobacco products, for advertising, as
a means of evading the provisions of this chapter, or for
any other purposes whatsoever.
(7) "Wholesale sales price" means the established
price for which a manufacturer sells a tobacco product
to a distributor, exclusive of any discount or other
reduction;
[1975 RCW Supp--p 6371
82.26.010
Title 82:
(8) "Business" means any trade. occupation. activity,
or enterprise engaged in for the purpose of selling or
distributing tobacco products in this state;
(9) "Place of business'' means any place where tobacco products are sold or where tobacco products are
manufactured. stored, or kept for the purpose of sale or
consumption, including any vessel, vehicle, airplane,
train. or vending machine;
( 10) "Retail outlet" means each place of business
from which tobacco products are sold to consumers;
( 11) "Department" means the state department of
revenue. [1975 1st ex.s. c 278 § 70; 1961 c 15 § 82.26.010. Prior: 1959 ex.s. c 5 § 11.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
82.26.020 Tax imposed--Rate. (1) From and after
June 1, 1971, there is levied and there shall be collected
a tax upon the sale, use, consumption, handling, or distribution of all tobacco products in this state at the rate
of forty-five percent of the wholesale sales price of such
tobacco products. Such tax shall be imposed at the time
the distributor (a) brings, or causes to be brought, into
this state from without the state tobacco products for
sale, (b) makes, manufactures, or fabricates tobacco
products in this state for sale in this state, or (c) ships or
transports tobacco products to retailers in this state, to
be sold by those retailers.
(2) A floor stocks tax is hereby imposed upon every
distributor of tobacco products at the rate of twentyfive percent of the wholesale sales price of each tobacco
product in his possession or under his control on July 1,
1959.
Each distributor, within twenty days after July I,
1959 shall file a report with the department, in such
form as the department may prescribe, showing the tobacco products on hand on July I, 1959 and the
amount of tax due thereon.
The tax imposed by this subdivision shall be due and
payable within twenty days after July 1, 1959 and
thereafter shall bear interest at the rate of one percent
per month. [1975 1st ex.s. c 278 § 71; 1971 ex.s. c 299 §
77; 1965 ex.s. c 173 § 25; 1961 c 15 § 82.26.020. Prior:
1959 ex.s. c 5 § 12.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Excise Taxes
82.26.060 Books and records to be preserved-Entry and inspection by department. Every distributor
shall keep at each registered place of business complete
and accurate records for that place of business, including itemized invoices. of tobacco products held, purchased, manufactured, brought in or caused to be
brought in from without the state, or shipped or transported to retailers in this state, and of all sales of tobacco products made, except sales to the ultimate
consumer.
These records shall show the names and addresses of
purchasers, the inventory of all tobacco products on
hand on July I, 1959, and other pertinent papers and
documents relating to the purchase, sale, or disposition
of tobacco products.
When a registered distributor sells tobacco products
exclusively to the ultimate consumer at the address given in the certificate, no invoice of those sales shall be
required, but itemized invoices shall be made of all tobacco products transferred to other retail outlets owned
or controlled by that registered distributor. All books,
records, and other papers and documents required by
this section to be kept shall be preserved for a period of
at least five years after the date of the documents, as
aforesaid, or the date of the entries thereof appearing in
the records, unless the department of revenue, in writing, authorizes their destruction or disposal at an earlier
date. At any time during usual business hours the department, or its duly authorized agents or employees,
may enter any place of business of a distributor, without a search warrant, and inspect the premises, the records required to be kept under this chapter, and the
tobacco products contained therein, to determine
whether or not all the provisions of this chapter are being fully complied with. If the department, or any of its
agents or employees, are denied free access or are hindered or interfered with in making such examination,
the registration certificate of the distributor at such
premises shall be subject to revocation by the department. [1975 1st ex.s. c 278 § 73; 1961 c 15 § 82.26.060.
Prior: 1959 ex.s. c 5 § 16.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
82.26.050 Certificate of registration required. From
and after July 1, 1959 no person shall engage in the
business of a distributor or subjobber of tobacco products at any place of business without first having received from the department of revenue a certificate of
registration as provided in RCW 82.32.030. [1975 1st
ex.s. c 278 § 72; 1961 c 15 § 82.26.050. Prior: 1959 ex.s.
c 5 § 15.]
82.26.080 Invoices of purchases to be procured by retailer, subjobber--Preservation--Inspection. Every
retailer and subjobber shall procure itemized .invoices of
all tobacco products purchased. The invoices shall show
the name and address of the seller and the date of purchase. The retailer and subjobber shall preserve a legible copy of each such invoice for five years from the
~ate of purchase. Invoices shall be available for inspechon by the department of revenue or its authorized
agents or employees at the retailer's or subjobber's
place of business. [1975 1st ex.s. c 278 § 74; 1961 c 15 §
82.26.080. Prior: 1959 ex.s. c 5 § 18.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Construction-8everability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Effective dates--Severability-1971 ex.s. c 299: See notes following RCW 82.04.050.
(1975 RCW Supp--p 638)
General Administrative Provisions
82.26.090 Records of shipments, deliveries from public warehouse of first destination--Preservation-lnspection. Records of all deliveries or shipments of tobacco products from any public warehouse of first destination in this state shall be kept by the warehouse and
be available to the department of revenue for inspection. They shall show the name and address of the consignee, the date, the quantity of tobacco products
delivered, and such other information as the department may require. These records shall be preserved for
five years from the date of delivery of the tobacco products. [1975 l st ex.s. c 278 § 75; 196 l c 15 § 82.26.090.
Prior: 1959 ex.s. c 5 § 19.]
Construction-Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
82.26.110 When credit may be obtained for tax paid.
Where tobacco products upon which the tax imposed
by this chapter has been reported and paid, are shipped
or transported by the distributor to retailers without the
state, to be sold by those retailers, or are returned to the
manufacturer by the distributor or destroyed by the
distributor, credit of such tax may be made to the distributor in accordance with regulations prescribed by
the department of revenue. [1975 !st ex.s. c 278 § 76;
1961 c 15 § 82.26.110. Prior: 1959 ex.s. c 5 § 21.]
Construction--Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Chapter 82.32
GENERAL ADMINISTRATIVE PROVISIONS
Sections
82.32.030
82.32.105
82.32.110
82.32.120
82.32.130
82.32.140
82.32.160
82.32.200
82.32.230
82.32.235
82.32.240
82.32.260
82.32.270
82.32.290
82.32.300
82.32.310
82.32.320
82.32.360
Registration certificates.
Waiver or cancellation of interest or penalties.
Examination of books or records-SubpoenasContempt.
Oaths and acknowledgments.
Notice and orders--Service.
Taxpayer quitting business-Liability of successor.
Correction of tax-Administrative procedureConference-Determination by department.
Stay of collection-Bond.
Agent of the department of revenue may execute.
Notice and order to withhold and deliver property due
or owned by taxpayer-Bond-.-Judgment by
default.
Tax constitutes debt-Priority of lien.
Payment condition to dissolution or withdrawal of
corporation.
Accounting period prescribed.
Unlawful acts--Penalties.
Department of revenue to administer.
Immunity of officers, agents, etc., of the department of
revenue acting in good faith.
Revenue to state treasurer.
Conclusive effect of agreements.
82.32.030 Registration certificates. If any person engages in any business or performs any act upon which a
tax is imposed by the preceding chapters, he shall,
whether taxable or not, under such rules and regulations as the department of revenue shall prescribe, apply for and obtain from the department, upon payment
of a fee of one dollar, a registration certificate. Such
82.32.110
registration certificate shall be personal and nontransferable and shall be valid as long as the taxpayer continues in business and pays the tax accrued to the state.
In case business is transacted at two or more separate
places by one taxpayer, a separate registration certificate for each place at which business is transacted with
the public shall be required, but, for such additional
certificates no fee shall be required. Each certificate
shall be numbered and shall show the name, residence,
and place and character of business of the taxpayer and
such other information as the department of revenue
deems necessary and shall be posted in a conspicuous
place at the place of business for which it is issued.
Where a place of business of the taxpayer is changed,
the taxpayer must return to the department the existing
certificate, and a new certificate will be issued for the
new place of business free of charge. No person shall
engage in any business taxable hereunder without being
registered in compliance with the provisions of this section, except that the department, by general regulation,
may provide for the issuance of certificates of registration to temporary places of business without requiring
the payment of any fee. [1975 !st ex.s. c 278 § 77; 1961
c 15 § 82.32.030. Prior: 1941 c 178 § 19, part; 1937 c
227 § 16, part; 1935 c 180 § 187, part; Rem. Supp. 1941
§ 8370-187, part.]
Construction--Severability--1975 lst ex.s. c 278: See notes following RCW 11.08.160.
82.32.105 Waiver or cancellation of interest or penalties. If the department of revenue finds that the payment by a taxpayer of a tax less than that properly due
or the failure of a taxpayer to pay any tax by the due
date was the result of circumstances beyond the control
of the taxpayer, the department of revenue shall waive
or cancel any interest or penalties imposed under this
chapter with respect to such tax. The department of
revenue shall prescribe rules for the waiver or cancellation of interest or penalties imposed by this chapter.
Notwithstanding the foregoing the amount of any interest which has been waived, canceled or refunded prior to May 1, 1965 shall not be reassessed according to
the provisions of this chapter. [ 1975 lst ex.s. c 278 § 78;
1965 ex.s. c 141 § 8.]
Construction--Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
82.32.110 Examination of books or records--Subpoenas--Contempt. The department of revenue or its
duly authorized agent may examine any books, papers,
records, or other data, or stock of merchandise bearing
upon the amount of any tax payable or upon the correctness of any return, or for the purpose of making a
return where none has been made, or in order to ascertain whether a return should be made; and may require
the attendance of any person at a time and place fixed
in a summons served by any sheriff in the same manner
as a subpoena is served in a civil case, or served in like
manner by an agent of the department of revenue.
11975 RCW Supp--p 639)
82.32.110
Title 82:
The persons summoned may be required to testify
and produce any books, papers, records, or data required by the department with respect to any tax, or the
liability of any person therefor.
The director of the department of revenue, or any
duly authorized agent thereof, shall have power to administer an oath to the person required to testify; and
any person giving false testimony after the administration of such oath shall be guilty of perjury in the first
degree.
If any person summoned as a witness before the department, or its authorized agent, fails or refuses to
obey the summons, or refuses to testify or answer any
material questions, or to produce any book, record, paper, or data when required to do so, he shall be guilty
of contempt, and the department shall thereupon institute proceedings in the superior court of Thurston
county, or of the county in which such person resides,
to punish him as for contempt of court. [1975 lst ex.s. c
278 § 79; 1961 c 15 § 82.32.110. Prior: 1935 c 180 §
194; RRS § 8370-194.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
82.32.120 Oaths and acknowledgments. All officers
empowered by law to administer oaths, the director of
the department of revenue, and such officers as he may
designate shall have the power to administer an oath to
any person or to take the acknowledgment of any person with respect to any return or report required by law
or the rules and regulations of the department of revenue. [1975 1st ex.s. c 278 § 80; 1961 c 15 § 82.32.120.
Prior: 1935 c 180 § 195; RRS § 8370-195.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
82.32.130 Notice and orders--Service. Any notice
or order required by this title to be mailed to any taxpayer shall be sent by mail, addressed to the address of
the taxpayer as shown by the records of the department
of revenue, or, if no such address is shown, to such address as the department is able to ascertain by reasonable effort. Failure of the taxpayer to receive such
notice or order mailed shall not release the taxpayer
from any tax or any increases or penalties thereon.
[1975 !st ex.s. c 278 § 81; 1967 c 237 § 20; 1961 c 15 §
82.32.130. Prior: 1935 c 180 § 196; RRS § 8370-196.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Effective date--1967 c 237: The effective date of the above
amendment was July 1, 1967, see RCW 34.04.921.
Savings-1967 c 237: RCW 34.04.931.
Severability-1967 c 237: RCW 34.04.901.
8232.140 Taxpayer quitting business-Liability of
successor. Whenever any taxpayer quits business, or
sells out, exchanges, or otherwise disposes of his business or his stock of goods, any tax payable hereunder
shall become immediately due and payable, and such
taxpayer shall, within ten days thereafter, make a return
and pay the tax due; and any person who becomes a
successor to such business shall become liable for the
(1975 RCW Supp--p 640)
Excise Taxes
full amount of the tax and withhold from the purchase
price a sum sufficient to pay any tax due from the taxpayer until such time as the taxpayer shall produce a
receipt from the department of revenue showing payment in full of any tax due or a certificate that no tax is
due and, if such tax is not paid by the taxpayer within
ten days from the date of such sale, exchange, or disposal, the purchaser or successor shall become liable for
the payment of the full amount of tax, and the payment
thereof by such purchaser or successor shall, to the extent thereof, be deemed a payment upon the purchase
price, and if such payment is greater in amount than
the purchase price the amount of the difference shall
become a debt due such purchaser or successor from
the taxpayer.
No successor shall be liable for any tax due from the
person from whom he has acquired a business or stock
of goods if he gives written notice to the department of
revenue of such acquisition and no assessment is issued
by the department of revenue within six months of receipt of such notice against the former operator of the
business and a copy thereof mailed to such successor.
[1975 1st ex.s. c 278 § 82; 1961 c 15 § 82.32.140. Prior:
1957 c 88 § l; 1935 c 180 § 197; RRS § 8370-197.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
82.32.160 Correction of tax--Administrative procedure--Conference--Determination by department.
Any person having been issued a notice of additional
taxes, delinquent taxes, interest, or penalties assessed by
the department of revenue, may within twenty days after the issuance of the original notice of the amount
thereof or within the period covered by any extension
of the due date thereof granted by the department petition the department in writing for a correction of the
amount of the assessment, and a conference for examination and review of the assessment. The petition shall
set forth the reasons why the correction should be
granted and the amount of the tax, interest, or penalties, which the petitioner believes to be due. The department shall promptly consider the petition and may
grant or deny it. If denied, the petitioner shall be notified by mail thereof forthwith. If a conference is
granted, the department shall fix the time and place
therefor and notify the petitioner thereof by mail. After
the conference the department may make such determination as may appear to it to be just and lawful and
shall mail a copy of its determination to the petitioner.
If no such petition is filed within the twenty day period
the assessment covered by the notice shall become final.
The P.rocedures provided for herein shall apply also
to a notice denying, in whole or in part, an application
for a P?llution control tax exemption and credit certific.ate, with such modifications to such procedures established by departmental rules and regulations as may be
necessary to accommodate a claim for exemption or
credit. [1975 1st ex.s. c 158 § 4; 1967 ex.s. c 26 § 49;
1963 ex.s. c 28 § 8; 1961 c 15 § 82.32.160. Prior: 1939 c
225 § 29, part; 1935 c 180 § 199, part; RRS § 8370-199,
part.]
General Administrative Provisions
Effective date--1975 1st ex.s. c 158: See note following RCW
82.34.050.
Effective date--1967 ex.s. c 26: The effective date of the above
amendment was July 1, 1967, see note following RCW 82.01.050.
Purpose--Savings-1967 ex.s. c 26: See notes following RCW
82.01.050.
82.32.200 Stay of collection--Bond. When any assessment or additional assessment has been made, the
taxpayer may obtain a stay of collection, under such
circumstances and for such periods as the department
of revenue may by general regulation provide, of the
whole or any part thereof, by filing with the department
a bond in an amount, not exceeding twice the amount
on which stay is desired, and with sureties as the department deems necessary, conditioned for the payment
of the amount of the assessments, collection of which is
stayed by the bond, together with the interest thereon at
the rate of one percent of the amount of such assessment for each thirty days or portion thereof from the
due date thereof until paid. [ 1975 1st ex.s. c 278 § 83;
1961 c 15 § 82.32.200. Prior: 1935 c 180 § 201; RRS §
8370-201.]
Construction--Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
82.32.230 Agent of the department of revenue may
execute. In the discretion of the department of revenue,
a warrant of like terms, force, and effect may be issued
and directed to any agent of the department authorized
to collect taxes, and in the execution thereof such agent
shall have all the powers conferred by law upon sheriffs,
but shall not be entitled to any fee or compensation in
excess of the actual expenses paid in the performance of
such duty, which shall be added to the amount of the
warrant. [1975 !st ex.s. c 278 § 84; 1961 c 15 § 82.32.230. Prior: 1949 c 228 § 25, part; 1937 c 227 § 20, part;
1935 c 180 § 202, part; Rem. Supp. 1949 § 8370--202,
part.]
Construction--Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
82.32.235 Notice and order to withhold and deliver
property due or owned by taxpayer--Bond--Judgment by default. In addition to the remedies provided in
this chapter the department is hereby authorized to issue to any person, or to any political subdivision or department of the state, a notice and order to withhold
and deliver property of any kind whatsoever when there
is reason to believe that there is in the possession of
such person, political subdivision or department, property which is or shall become due, owing, or belonging
to any taxpayer against whom a warrant has been filed.
The notice and order to withhold and deliver shall be
served by the sheriff of the county wherein the service is
made, or by his deputy, or by any duly authorized representative of the department. Any person, or any political subdivision or department upon whom service
has been made is hereby required to answer the notice
within twenty days exclusive of the day of service, under oath and in writing, and shall make true answers to
the matters inquired of in the notice.
82.32.240
In the event there is in the possession of any such
person or political subdivision or department, any
property which may be subject to the claim of the department, such property shall be delivered forthwith to
the department of revenue or its duly authorized representative upon demand to be held in trust by the department for application on the indebtedness involved
or for return, without interest, in accordance with final
determination of liability or nonliability, or in the alternative, there shall be furnished a good and sufficient
bond satisfactory to the department conditioned upon
final determination of liability.
Should any person or political subdivision fail to
make answer to an order to withhold and deliver within
the time prescribed herein, it shall be lawful for the
court. after the time to answer such order has expired,
to render judgment by default against such person or
political subdivision for the full amount claimed by the
department in the notice to withhold and deliver, together with costs. [1975 !st ex.s. c 278 § 85; 1971 ex.s. c
299 § 22; 1963 ex.s. c 28 § 11.]
Construction-Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Effective dates--Severability--1971 ex.s. c 299: See notes following RCW 82.04.050.
82.32.240 Tax constitutes debt--Priority of lien.
Any tax due and unpaid and all increases and penalties
thereon, shall constitute a debt to the state and may be
collected by court proceedings in the same manner as
any other debt in like amount, which remedy shall be in
addition to any and all other existing remedies.
In all cases of probate, insolvency, assignment for the
benefit of creditors, or bankruptcy, involving any taxpayer, the claim of the state for said taxes and all increases and penalties thereon shall be a lien upon all
real and personal property of the taxpayer, and the
mere existence of such cases or conditions shall be sufficient to create such lien without any prior or subsequent action by the state, and in all such cases it shall
be the duty of all administrators, executors, guardians,
receivers, trustees in bankruptcy or assignees for the
benefit of creditors, to notify the department of revenue
of such administration, receivership or assignment
within thirty days from the date of their appointment
and qualification.
The lien provided for by this section shall attach as
of the date of the assignment for the benefit of creditors
or of the initiation of the probate, insolvency, or bankruptcy proceedings: Provided, That this sentence shall
not be construed as affecting the validity or priority of
any earlier lien that may have attached previously in
favor of the state under any other section of this title.
Any administrator, executor, guardian, receiver or
assignee for the benefit of creditors not giving the notification as provided for above shall become personally
liable for payment of the taxes and all increases and
penalties thereon. [1975 1st ex.s. c 278 § 86; 1961 c 15 §
82.32.240. Prior: 1949 c 228 § 26; 1935 c 180 § 203;
Rem. Supp. 1949 § 8370--203.]
Construction-Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
(1975 RCW Supp--p 6411
82.32.260
Title 82:
Excise Taxes
82.32.260 Payment condition to dissolution or withdrawal of corporation. In the case of any corporation
organized under the laws of this state, the courts shall
not enter or sign any decree of dissolution, nor shall the
secretary of state file in his office any certificate of dissolution, and in the case of any corporation organized
under the laws of another jurisdiction and admitted to
do business in this state. the secretary of state shall
withhold the issuance of any certificate of withdrawal,
until proof, in the form of a certificate from the department of revenue, has been furnished by the applicant
for such dissolution or withdrawal. that every license
fee, tax. increase, or penalty has been paid or provided
for. [ 1975 I st ex.s. c 278 § 87; 1961 c 15 § 82.32.260.
Prior: 1935 c 180 § 204: RRS § 8370-204.]
Any person violating any of the prov1s10ns of this
section shall be guilty of a gross misdemeanor.
In addition to the foregoing penalties, any person
who knowingly swears to or verifies any false or fraudulent return, or any return containing any false or
fraudulent statement with the intent aforesaid, shall he
guilty of the offense of perjury in the second degree;
and any company for which a false return, or a return
containing a false statement, as aforesaid, is made, shall
be punished, upon conviction .thereof, by a fine of not
more than one thousand dollars. All penalties or punishments provided in this section shall be in addition to
all other penalties provided by law. [1975 !st ex.s. c 278
§ 89; 1961 c 15 § 82.32.290. Prior: 1935 c 180 § 207;
RRS § 8370-207.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
82.32.270 Accounting period prescribed. The taxes
imposed hereunder, and the returns required therefor,
shall be upon a calendar year basis; but, if any taxpayer
in transacting his business, keeps books reflecting the
same on a basis other than the calendar year, he may,
with consent of the department of revenue, make his
returns, and pay taxes upon the basis of his accounting
period as shown by the method of keeping the books of
his business. [1975 1st ex.s. c 278 § 88; 1961 c 15 § 82.32.270. Prior: 1935 c 180 § 205; RRS § 8370-205.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
82.32.290 Unlawful acts--Penalties. It shall be
unlawful for any person to engage in business without
having obtained a certificate of registration as provided
herein; or to engage in business after his certificate of
registration has been revoked by order of the department of revenue; or to tear down or remove any order
or notice posted by the department; or to make any
false or fraudulent return or false statement in any return, with intent to defraud the state or evade the payment of any tax or part thereof; or for any person to
aid or abet another in any attempt to evade the payment of such tax or any part thereof; or for the president, vice president, secretary, treasurer, or other officer
of any company to make or permit to be made for any
company any false return, or any false statement in any
return, with intent to evade payment of any tax hereunder; or for the president, vice president, secretary,
treasurer, or other officer of any company to carry on
the business of any company which has not obtained a
certificate of registration or whose certificate of registration has been revoked by order of the department; or
for any purchaser to fraudulently sign a resale certificate without intent to resell the property purchased; or
for any person to fail or refuse to permit the examination of any book, paper, account, record, or other data
by the department or its duly authorized agent; or to
fail or refuse to permit the inspection or appraisal of
any property by the department or its duly authorized
agent; or to refuse to offer testimony or produce any
record as required.
(1975 RCW Supp---p 6421
82.32.300 Department of revenue to administer. The
administration of this and chapters 82.04 through 82.28
RCW of this title is vested in the department of revenue
which shall prescribe forms and rules of procedure for
the determination of the taxable status of any person,
for the making of returns and for the ascertainment, assessment and collection of taxes and penalties imposed
thereunder.
The department of revenue shall make and publish
rules and regulations, not inconsistent therewith, necessary to enforce their provisions, which shall have the
same force and effect as if specifically included therein,
unless declared invalid by the judgment of a court of
record not appealed from.
The department may employ such clerks, specialists,
and other assistants as are necessary. Salaries and compensation of such employees shall be fixed by the department and shall be charged to the proper
appropriation for the department.
The department shall exercise general supervision of
the collection of taxes and, in the discharge of such
duty, may institute and prosecute such suits or proceedings in the courts as may be necessary and proper.
[ 1975 l st ex.s. c 278 § 90; 196 l c 15 § 82.32.300. Prior:
1935 c 180 § 208, part; RRS § 8370-208, part.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
82.32.310 Immunity of officers, agents, etc., of the
department of revenue acting in good faith. When recovery is had in any suit or proceeding against an officer,
agent, or employee of the department of revenue for
any act done by him or for the recovery of any money
exacted by or paid to him and by him paid over to the
department, in the performance of his official duty, and
the court certifies that there was probable cause for the
act done by such officer, agent, or employee, or that he
acted under the direction of the department or an officer thereof, no execution shall issue against such officer,
agent, or employee, but the amount so recovered shall,
upon final judgment, be paid by the department as an
expense of operation. [ 1975 l st ex.s. c 278 § 91; 1961 c
15 § 82.32.310. Prior: 1935 c 180 § 208, part; RRS §
8370-208, part.]
82.38.030
Special Fuel Tax Act
Construction-Severability-1975 lst ex.s. c 278: See notes following RCW 11.08.160.
82.32.320 Revenue to state treasurer. The department of revenue, on the next business day following the
receipt of any payments hereunder, shall transmit them
to the state treasurer, taking his receipt therefor. [ 1975
1st ex.s. c 278 § 92; 1961 c 15 § 82.32.320. Prior: 1935 c
180 § 209; RRS § 8370-209.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
82.32.360 Conclusive effect of agreements. Upon approval of such agreement, evidenced by execution
thereof by the department of revenue and the person so
agreeing, the agreement shall be final and conclusive as
to tax liability or tax immunity covered thereby, and,
except upon a showing of fraud or malfeasance, or of
misrepresentation of a material fact:
(I) The case shall not be reopened as to the matters
agreed upon, or the agreement modified, by any officer,
employee, or agent of the state, or the taxpayer, and
(2) In any suit, action or proceeding, such agreement,
or any determination, assessment, collection, payment,
abatement, refund, or credit made in accordance therewith, shall not be annulled, modified, set aside, or disregarded. [1975 lst ex.s. c 278 § 93; 1961 c 15 §
82.32.360. Prior: 1945 c 25 l § 2; Rem. Supp. l 945 §
8370-226.J
Construction-Severability-1975 lst ex.s. c 278: See notes following RCW 11.08.160.
Chapter 82.34
POLLUTION CONTROL FACILITIES-TAX
EXEMPTIONS AND CREDITS
Sections
82.34.050
82.34.110
Original acquisition of facility exempt from sales and
use taxes-Election to take tax credit in lieu of
exemption.
Administrative and judicial review.
82.34.050 Original acquisition of facility exempt from
sales and use taxes--Election to take tax credit in lieu
of exemption. (l) The original acquisition of a facility
by the holder of a certificate shall be exempt from sales
tax imposed by chapter 82.08 RCW and use tax imposed by chapter 82.12 RCW when the due date for
payment of such taxes is subsequent to the effective
date of the certificate: Provided, That the exemption of
this section shall not apply to servicing, maintenance,
repairs, and replacement of parts after a facility is complete and placed in operation. Sales and use taxes paid
by a holder of a certificate with respect to expenditures
incurred for acquisition of a facility prior to the issuance of a certificate covering such facility may be
claimed as a tax credit as provided in subsection (2) of
this section.
(2) Subsequent to July 30, 1967 the holder of the certificate may, in lieu of accepting the tax exemption provided for in this section, elect to take a tax credit in the
total amount of the exemption for the facility covered
by such certificate against any future taxes to be paid
pursuant to chapters 82.04, 82.12 and 82.16 RCW: Provided, That on and after July 30, 1967 if such person
elects to take a tax credit for a facility under this subsection he may not take further credit under RCW 82.04.435. [1975 1st ex.s. c 158 § 1; 1967 ex.s. c 139 § 5.]
Effective date-1975 lst ex.s. c 158: "The provisions of this
amendatory act shall be applicable with respect to applications for a
pollution control tax exemption and credit certificate made to the department of revenue on or after January l, 1975." (1975 )st ex.s. c 158
§ 5.]
82.34.110 Administrative and judicial review. Administrative and judicial review of a decision of the
control agency or the department shall be in accordance with the applicable provisions of chapters 34.04,
43.21 B, 82.03, and 82.32 RCW, as now or hereafter
amended. [1975 lst ex.s. c 158 § 2; 1967 ex.s. c 139 §
11.]
Effective date--1975 1st ex.s. c 158: See note following RCW
82.34.050.
Chapter 82.38
SPECIAL FUEL TAX ACT
Sections
82.38.030
Tax imposed-Collection.
82.38.030 Tax imposed-Collection. (1) There is
hereby levied and imposed upon special fuel users a tax
of nine cents per gallon or each one hundred cubic feet
of compressed natural gas measured at standard pressure and temperature on the use (within the meaning of
the word use as defined herein) of special fuel in any
motor vehicle: Provided, That in order to encourage
experimentation with nonpolluting fuels, no tax shall be
imposed upon the use of natural gas as herein defined
or on liquified petroleum gas, commonly called propane, which is used in any motor vehicle until July l,
1977.
(2) Said tax shall be collected by the special fuel
dealer and shall be paid over to the department as
hereinafter provided: (a) With respect to all special fuel
delivered by a special fuel dealer into supply tanks of
motor vehicles or into storage facilities used for the fueling of motor vehicles at unbonded service stations in
this state; or (b) in all other transactions where the
purchaser indicates in writing to the special fuel dealer
prior to or at the time of the delivery that the entire
quantity of the special fuel covered by the delivery is
for use by him for a taxable purpose as a fuel in a motor vehicle.
(3) Said tax shall be paid over to the department by
the special fuel user as hereinafter provided: (a) With
respect to special fuel upon which the tax has not previously been imposed which was acquired in any manner other than by delivery by a special fuel dealer into a
fuel supply tank of a motor vehicle in this state; or (b)
in all transactions with a special fuel dealer in this state
where a written statement has not been furnished to the
special fuel dealer as set forth in subsection (2)(b) of
this section.
(1975 RCW Supp---p 6431
82.38.030
Title 82:
It is expressly provided that delivery of special fuel
may be made without collecting the tax otherwise imposed. when such deliveries are made by a bonded special fuel dealer to special fuel users who are authorized
hy the department as hereinafter provided, to purchase
fuel without payment of tax to the bonded special fuel
dealer. [1975 1st ex.s. c 62 § I: 1973 1st ex.s. c 156 § l;
1972 ex.s. c 135 § 2; 1971 ex.s. c 175 § 4.]
Chapter 82.44
MOTOR VEHICLE EXCISE
Sections
82.44.040
82.44.040
82.44.045
82.44.060
82.44.120
82.44.150
Schedule to be prepared-Basis of tax. (Effective until
January I, 1977.)
Schedule to be prepared-Basis of tax. (Effective January 1, 1977.)
Schedule to include campers-Appraisal. (Effective
January I, 1977.)
Payment of tax-Abatement for fractional yearTransfer of ownership. (Effective January 1, 1977.)
Refunds-Claims-Time limitation.
Apportionment and distribution of motor vehicle excise
taxes generally.
"Registration year'', defined-"Last day of the month", defined:
RCW 46.16.006.
82.44.040 Schedule to be prepared--Basis of tax.
(Effective until January 1, 1977.) The department of
revenue and association of county assessors of the state
shall prepare and, on or before December l st of each
year, furnish to the county auditor of each county in
the state a schedule for use in the collection of the excise tax imposed by this chapter. Such schedule shall be
based upon such information as may be available to
them pertaining to the fair market value of motor vehicles. Such vehicles shall be classified therein into a convenient number of classes on the basis of make, type,
year of manufacture, or any other reasonable basis, and
to the value of vehicles within the classes as thus determined shall be applied the rate of tax prescribed in
RCW 82.44.020. In determining fair market value, the
department of revenue and county assessors may use
any guidebook, report, or compendium of recognized
standing in the automotive industry. The schedule shall
show, so far as possible, the amount of excise tax for
vehicles within each class and shall sufficiently describe
the various motor vehicles included within each classification to enable the county auditor to ascertain readily
the amount of tax applicable to any particular motor
vehicle. [ 1975 l st ex.s. c 278 § 94; 1961 c 15 § 82.44.040.
Prior: 1955 c 189 § I; 1943 c 144 § 4; Rem. Supp. 1943
§ 6312-118; prior: 1937 c 228 § 3.]
Construction-Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
82.44.040 Schedule to be prepared--Basis of tax.
(Effective January 1, 1977.) (I) The department of revenue, in consultation with the department of motor vehicles shall prepare at least once each year a schedule for
use in the collection of the excise tax imposed by this
chapter. Such schedule shall be based upon such information as may be available to them pertaining to the
fair market value of motor vehicles. Such vehicles shall
(1975 RCW Supp--p 644)
Excise Taxes
be classified into a convenient number of classes on the
basis of price, make. type. year of manufacture, or any
other reasonable basis, and to the value of vehicles
within the classes as thus determined shall be applied
the rate of tax prescribed in RCW 82.44.020. In determining fair market value, the department of revenue
may use any guidebook, report, or compendium of recognized standing in the automotive industry. The
schedule shall show, so far as possible, the amount of
excise tax for vehicles within each class and shall sufficiently describe the various motor vehicles included
within each classification to enable the department of
motor vehicles and its agents to ascertain readily the
amount of tax applicable to any particular motor vehicle. [1975 1st ex.s. c 118 § 12; 1975 lst ex.s. c 278 § 94;
1961 c 15 § 82.44.040. Prior: 1955 c 189 § l; 1943 c 144
§ 4; Rem. Supp. 1943 § 6312-118; prior: 1937 c 228 §
3.]
Effective date-Severability--1975 1st ex.s. c 118: See notes
following RCW 46.16.006.
82.44.045 Schedule to include campers--Appraisal.
(Effective January 1, 1977.) The department of revenue
and the department of motor vehicles shall include
campers on the schedule prepared by them as required
under RCW 82.44.040, and any unlisted campers shall
be appraised in the same manner as motor vehicles as
provided in RCW 82.44.050. [1975 1st ex.s. c 118 § 13;
1971 ex.s. c 299 § 52.]
Effective date-Severability--1975 1st ex.s. c 118: See notes
following RCW 46.16.006.
Effective date--1971 ex.s. c 299: See RCW 82.50.901.
Severability--1971 ex.s. c 299: See note following RCW
82.04.050.
82.44.060 Payment of tax--Abatement for fractional year--Transfer of ownership. (Effective January 1, 1977.) The excise tax hereby imposed shall be due
and payable to the department of motor vehicles or its
agents at the time of registration of a motor vehicle.
Whenever an application is made to the department of
motor vehicles or its agents for a license for a motor
vehicle there shall be collected, in addition to the
amount of the license fee or renewal license fee, the
amount of the excise tax imposed by this chapter prorated to comply with the effective date of the annual
schedule prepared pursuant to RCW 82.44.040, and no
dealer's license or license plates, and no license or license plates for a motor vehicle shall be issued unless
such tax is paid in full. The excise tax hereby imposed
shall be collected for each registration year: Provided,
That the excise tax upon a motor vehicle licensed for
~he fi:st time in this state after the last day of any reg1strat1on month shall only be levied for the remaining
months of the registration year including the month in
which the motor vehicle is being licensed: Provided
further, That the tax shall in no case be less than two
dollars.
A motor vehicle shall be deemed licensed for the first
time in this state when such vehicle was not previously
82.48.090
Aircraft Excise
licensed by this state for the registration ~ear immed~­
ately preceding the registration year in. which the apphcation for license is made and the vehicle has not been
registered in another jurisdiction in the intervening
period.
No additional tax shall be imposed under this chapter upon any vehicle upon the transfer of owners~ip
thereof if the tax imposed with respect to such vehicle
has already been paid for the registration year or fraction of a registration year in which transfer of ownership occurs. [1975 1st ex.s. c 118 § 14; 1963 c 199 § 4;
1961 c 15 § 82.44.060. Prior: 1957 c 269 § 15; 1955 c
139 § 25; 1943 c 144 § 6; Rem. Supp. 1943 § 6312-120;
prior: 1937 c 228 § 5.]
Effective date--Severability-1975 1st ex.s. c 118: See notes
following RCW 46.16.006.
Effective date--1963 c 199: The effective date of the above
amendment was January I, 1964.
82.44.120 Refunds--Claims--Time limitation.
Whenever any person has paid a motor vehicle license
fee, and together therewith has paid an excise tax imposed under the provisions of this chapter, and the director of motor vehicles determines that the payor is
entitled to a refund of the entire amount of the license
fee as provided by law, then he shall also be entitled to
a refund of the entire excise tax collected under the
provisions of this chapter. In case the director determines that any person is entitled to a refund of only a
part of the license fee so paid, the payor shall be entitled to a refund of the difference, if any, between the
excise tax collected and that which should have been
collected and the state treasurer shall determine the
amount of such refund by reference to the applicable
excise tax schedule prepared by the department of revenue and the association of county assessors.
In case no claim is to be made for the refund of the
license fee or any part thereof but claim is made by any
person that he has paid an erroneously excessive
amount of excise tax, the department of motor vehicles
shall determine in the manner generally provided in this
chapter the amount of such excess, if any, that has been
paid and shall certify to the state treasurer that such
person is entitled to a refund in such amount.
No refund of excise tax shall be allowed under the
first paragraph of this section unless application for a
refund of license fee is filed with the director of motor
vehicles within the period provided by law, and no such
refund shall be allowed under the second paragraph of
this section unless filed with the department of motor
vehicles within thirteen months after such claimed excessive excise tax was paid.
Any person authorized by the utilities and transportation commission to operate a motor vehicle for the
conveyance of freight or passengers for hire as a common carrier or as a contract carrier, and so operating
such vehicle partly within and partly outside of this
state during any calendar year, shall be entitled to a refund of that portion of the full excise tax for such vehicle for such year that the mileage actually operated by
such vehicle outside the state bears to the total mileage
so operated both within and outside of the state: Provided, If only one-half of the full excise fee was paid,
the unpaid one-half shall be deducted from the amount
of refund so determined: Provided further, If only a
one-half fee was paid, and the vehicle was operated in
this state more t}lan fifty percent of the total miles operated, a balance of the tax is due equal to an amount
which is the same percentage of the full excise fee as is
the percentage of mileage the vehicle was operated in
this state minus the one-half fee previously paid, and
any balance due, is payable on or before the first day of
June of the year in which the amount of the excise fee
due the state has been determined, and until any such
balance has been paid no identification plate or permit
shall be thereafter issued for such vehicle or any other
vehicle owned by the same person. Any claim for such
refund shall be filed with the department of motor vehicles at Olympia not later than December 31st of the
calendar year following the year for which refund is
claimed and any claim filed after said date shall not be
allowed. When a claim is filed the applicant must
therewith furnish to the department his affidavit, verified by oath, of the mileage so operated by such vehicle
during the preceding year, within the state, outside of
the state, and the total of all mileage so operated.
If the department approves the claim it shall notify
the state treasurer to that effect, and the treasurer shall
make such approved refunds and the other refunds
herein provided for from the general fund and shall
mail or deliver the same to the person entitled thereto.
Any person making any false statement, in the affidavit herein mentioned, under which he obtains any
amount of refund to which he is not entitled under the
provisions of this section, shall be guilty of a gross misdemeanor. [1975 1st ex.s. c 278 § 95; 1974 ex.s. c 54 § 4;
1967 c 121 § 2; 1963 c 199 § 5; 1961 c 15 § 82.44.120.
Prior: 1949 c 196 § 18; 1945 c 152 § 3; 1943 c 144 § 11;
Rem. Supp. 1949 § 6312-125.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Severability-Construction-Transitional sections--Effective
dates-1974 ex.s. c 54: See notes following RCW 82.44.070.
82.44.150 Apportionment and distribution of motor
vehicle excise taxes generally.
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.
Chapter 82.48
AIRCRAFT EXCISE
Sections
82.48.090
Refund of excessive tax payment.
82.48.090 Refund of excessive tax payment. In case a
claim is made by any person that he has paid an erroneously excessive amount of excise tax under this chapter, he may apply to the department of revenue for a
refund of the claimed excessive amount. The department shall review such application, and if it determines
that an excess amount of tax has actually been paid by
the taxpayer, such excess amount shall be refunded to
11975 RCW Supp--p 645)
Title 82:
82.48.090
the taxpayer by means of a voucher approved by the
department of re\·enue and by the issuance of a state
warrant drawn upon and payable from such funds as
the legislature may provide for that purpose. No refund
shall be allowed, however, unless application for the refund is filed with the department of revenue within
ninety days after the claimed excessive excise tax was
paid. [ 1975 I st ex.s. c 278 § 96; 1961 c 15 § 82.48.090.
Prior: 1949 c 49 § 9; Rem. Supp. 1949 § 11219-41.]
Excise Taxes
Reviser's note: RCW 82.50.170 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.
Construction-Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Severability--Construction--Transitional sections---Effective
dates-1974 ex.s. c 54: See notes following RCW 82.44.070.
Construction--Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
TAXATION OF TRAVEL TRAILERS AND
CAMPERS
Chapter 82.50
MOBILE HOMES, TRAVEL TRAILERS AND
CAMPERS EXCISE
82.50.400 Tax imposed--Collection--Transfer
of ownership. (Effective January 1, 1977.) An annual
excise tax is imposed on the owner of any travel trailer
or camper for the privilege of using such travel trailer
or camper in this state. The tax shall be collected for
each registration year by the department of motor vehicles or the county auditor of the county in which the
travel trailer or camper is located at the time payment is
made and shall be due on and after the first day of the
registration year or on the date the travel trailer or
camper is first purchased or brought into this state, and
paid on or before the first day of each registration year
or thirty days after the travel trailer or camper is first
purchased or brought into this state, whichever is later.
No additional tax shall be imposed under this chapter
upon any travel trailer or camper upon the transfer of
ownership thereof, if the tax imposed by this chapter
with respect to such travel trailer or camper has already
been paid for the registration year or fractional part
thereof in which such transfer occurs. [ 1975 1st ex.s. c
118 § 15; 1971 ex.s. c 299 § 55.]
Sections
82.50.170
82.50.170
Refund procedure--Penalty
amended by 1975 I st ex.s. c
Refund procedure--Penalty
amended by 1975 !st ex.s. c
for false statement (as
9).
for false statement (as
278).
TAXATION OF TRAVEL TRAILERS AND CAMPERS
82.50.400
Tax imposed-Collection--Transfer of ownership.
(Effective January I, 1977.)
82.50.410
Rate--Minimum payable. (Effective January I, 1977.)
82.50.440
Tax receipt--Records.
Notice of amount of tax payable, contents--Notice of
82.50.460
delinquency--Request for distraint. (Effective January I, 1977.)
82.50.471
Late payments--Interest charge--Waiver--Lien.
"Registration year", defined--"Last day of the month", defined:
RCW 46.16.006.
82.50.170 Refund procedure--Penalty for false statement (as
amended by 1975 1st ex.s. c 9). In case a claim is made by any person
that he has erroneously paid the tax or a part thereof or any charge
hereunder, he may apply in writing to the department of motor vehicles for a refund of the amount of the claimed erroneous payment
within thirteen months of the time of payment of the tax on such a
form as is prescribed by the department. The department shall review
such application for refund, and, if it determines that an erroneous
payment has been made by the taxpayer, it shall certify the amount to
be refunded to the state treasurer that such person is entitled to a refund in such amount, and the treasurer shall make such approved refund herein provided for from the general fund and shall mail or
deliver the same to the person entitled thereto.
Any person making any false statement in the affidavit herein
mentioned, under which he obtains any amount of refund to which he
is not entitled under the provisions of this section, shall be guilty of a
gross misdemeanor. [1975 1st ex.s. c 9 § I; 1974 ex.s. c 54 § 9; 1961 c
15 § 82.50.170. Prior: 1955 c 139 § 17.)
82.50.170 Refund procedure-Penalty for false statement (as
amended by 1975 1st ex.s. c 278). In case a claim is made by any person that he has erroneously paid the tax or a part thereof or any
charge hereunder, he may apply in writing to the department of revenue for a refund of the amount of the claimed erroneous payment
within ninety days of the time of payment of the tax on such a form
as is prescribed by the department of revenue. The department of
revenue shall review such application for refund, and, if it determines
that an erroneous payment has been made by the taxpayer, it shall
certify the amount to be refunded to the state treasurer that such
person is entitled to a refund in such amount, and the treasurer shall
make such approved refund herein provided for from the general fund
and shall mail or deliver the same to the person entitled thereto.
Any person making any false statement in the affidavit herein
mentioned, under which he obtains any amount of refund to which he
is not entitled under the provisions of this section, shall be guilty of a
gross misdemeanor. [1975 lst ex.s. c 278 § 97; 1974 ex.s. c 54 § 9;
1961 c 15 § 82.50.170. Prior: 1955 c 139 § 17.)
[1975 RCW Supp--p 646)
Effective date-Severability--1975 1st ex.s. c 118: See notes
following RCW 46.16.006.
Effective date-1971 ex.s. c 299: See RCW 82.50.901(3).
Severability--1971 ex.s. c 299: See note following RCW
82.04.050.
82.50.410 Rate--Minimum payable. (Effective
January 1, 1977.) The rate and measure of tax imposed
by this chapter for each registration year shall be one
percent of the fair market value of the travel trailer or
camper, as determined in the manner provided in this
chapter: Provided, That the excise tax upon a travel
trailer or camper used for the first time in this state after the last day of any registration month shall only be
levied for the remaining months of the registration year
including the month in which the travel trailer or
camper is first used: Provided further, That the minimum amount of tax payable shall be two dollars.
A travel trailer or camper shall be deemed used for
the first time in this state when such vehicle was not
previously licensed by this state for the registration year
~r any part thereof immediately preceding the registration year in which application for license is made. [ 1975
1st ex.s. c 118 § 16; 1972 ex.s. c 144 § 2; 1971 ex.s. c
299 § 56.]
Effective date-Severability--1975 1st ex.s. c 118: See notes
following RCW 46.16.006.
Property, Persons Subject--Lien
82.50.440 Tax receipt--Records. The county auditor or the department of motor vehicles upon payment of the tax hereunder shall issue a receipt which
shall include such information as may be required by
the director, including the name of the taxpayer and a
description of the travel trailer or camper, which receipt
shall be printed by the department of motor vehicles in
such form as it deems proper and furnished by the department to the various county auditors of the state.
The county auditor shall keep a record of the excise
taxes paid hereunder during the calendar year. [ 1975 l st
ex.s. c 9 § 2; 1971 ex.s. c 299 § 59.]
82.50.460 Notice of amount of tax payable, contents--Notice of delinquency--Request for distraint.
(Effective January 1, 1977.) Prior to the end of any registration year of a vehicle, the director shall cause to be
mailed to the owners of travel trailers or campers, of
record, notice of the amount of tax payable during the
succeeding registration year. Said notice shall contain a
legal description of the travel trailer or camper, prominent notice of penalties, due dates, and such other information as may be required by the director. If
payment is not made prior to the beginning of the registration year, the director may forward a notification of
delinquency to the county sheriff of the county wherein
the travel trailer or camper is located, requesting distraint of said travel trailer or camper. [1975 1st ex.s. c
118 § 17; 1971 ex.s. c 299 § 61.]
Effective date---Severability-1975 1st ex.s. c 118: See notes
following RCW 46.16.006.
82.50.471 Late payments--Interest charge-Waiver--Lien. If any excise tax due hereunder is not
paid when due and payable, the unpaid tax shall bear
interest at the rate of six percent per annum from the
~ime such tax is due and payable: Provided, That the
interest charge on the unpaid excise tax shall be waived
when such interest is less than five dollars: And provided further, The director may waive the interest on the
unpaid excise tax when the interest exceeds five dollars
and the department of motor vehicles determines that
the cost of processing the collection of the interest exceeds the amount of interest due.
The tax hereunder shall be a specific lien on the
travel trailer or camper from and after the date it first
becomes due hereunder, and shall include all charges
authorized by this chapter, which lien shall have priorit)'. to and be fully pai? and satisfied before any recognizance, mortgage, judgment, debt, obligation or
responsibility to or with which the travel trailer or
camper may become charged or liable, after July 1,
1975, and no sale or transfer of any travel trailer or
camper shall in any way affect the lien for such excise
tax upon the travel trailer or camper. [1975 1st ex.s. c 9
§ 3.]
Reviser's note: Section 3, chapter 9, Laws of 1975 !st ex.s. was enacted as a new section and did not contain a clause expressly amending any existing section of the law. The section has accordingly been
codified as RCW 82.50.471. Note however, that the title to the act
[1975 !st ex.s. c 9] expressed an intention to amend RCW 82.50.470.
83.04.023
Title 83
INHERITANCE AND GIFT TAXES
Chapters
83.04 Property and persons subject to inheritance
tax--Lien.
83.05 Transfers by power of appointment.
83.12 Alien estates and reciprocity with other states.
83.14 Settlement of death tax disputes with other
states.
83.16 Valuations, credits, and exemptions.
83.24 Determination of tax without probate.
83.28 Procedure to fix tax on estate.
83.32 Procedure to fix tax on property previously
transferred.
83.36 Department of revenue's powers.
83.44 Payment of inheritance tax--Enforcement--Compromise.
83.48 Quieting title against tax liability.
83.56 Gift taxes.
83.60 Gifts of powers of appointment.
Chapter 83.04
PROPERTY AND PERSONS SUBJECT TO
INHERITANCE T AX--LIEN
Sections
83.04.023
Lien of tax.
83.04.023 Lien of tax. Unless the tax is sooner paid
in full, it shall be a lien upon the gross estate of the decedent for ten years from the date of death, except that
such part of the gross estate as is used for the payment
of charges against the estate and expenses of its administration, allowed by any court having jurisdiction
thereof, shall be divested of such lien. If the department
of revenue is satisfied that the tax liability of an estate
has been fully discharged or provided for, it may, under
regulations prescribed by it, issue its certificate, releasing any or all property of such estate from the lien
herein imposed. The limitation period shall in each case
be extended for a period of time equal to the period of
pendency of litigation of questions affecting the determination of the amount of tax due, provided a lis pendens has been filed with the county auditor.
Any part of the gross estate as is sold, pursuant to an
order of the court for the payment of charges against
the estate and the expenses of its administration, shall
be divested of such lien and such lien shall be transferred to the proceeds. A mortgage on property pursuant to an order of court for payment of charges against
the estate and expenses of administration shall constitute a lien upon said property prior and superior to the
inheritance tax lien which inheritance tax lien shall attach to the proceeds. [1975 lst ex.s. c 278 § 98; 1961 c
292 § 6. Prior: 1961 c 15 § 83.04.010, part; prior: 1949 c
218 § 1, part; 1945 c 184 § 1, part; 1937 c 106 § 1, part;
1935 c 180 § 104, part; 1917 c 146 § 1, part; 1907 c 217
§ 1, part; 1901 c 55 § 1, part; Rem. Supp. 1949 § 11201,
part. Formerly RCW 83.44.090.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
[1975 RCW Supp--p 6471
Chapter 83.05
Title 83:
Inheritance and Gift Taxes
Chapter 83.05
TRANSFERS BY POWER OF APPOINTMENT
Sections
83.05.010
83.05.040
83.05.050
83.05.060
Definitions.
Donee to give notice of exercise, termination of power-Liability for failure.
Bond or security for payment of tax-Alternatives.
Refund of excess payment of tentative tax.
83.05.010 Definitions. As used in this chapter:
"Grantor" means any person who creates a power of
appointment.
"Donee'' means any person given the power to exercise the appointment.
"Property" means any property subject to the power
of appointment which is within the jurisdiction of this
state.
"Trustee" means any person, including a donee, who
holds the property or the title thereto in trust or
otherwise.
"Ultimate beneficiary" means any person who becomes entitled to the property through exercise of the
power, or by reason of nonexercise of the power, or by
reason of renouncement of the power by the donee, or
by reason of renouncement or waiver by the person appointed to receive the property.
"Greatest possible tax" means a tentative tax computed on an assumed devolution of the property to an
ultimate beneficiary within the limitations of the power
who would be taxable at the highest rates provided by
the inheritance tax laws of this state.
"Final tax" means the tax determined under the inheritance tax laws of this state when the power is exercised or terminated.
"Department" means the department of revenue of
this state. [1975 1st ex.s. c 278 § 99; 1961 c 15 § 83.05.010. Prior: 1951 c 185 § I. Formerly RCW 83.04.090.]
Construction--Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
83.05.040 Donee to give notice of exercise, termination of power--Liability for failure. Upon the exercise
or termination of the power, prior to furnishing the
bond or other security for the tax as hereinafter provided, it shall be the duty of the donee to immediately notify the department of revenue thereof, together with
the name and address of the ultimate beneficiary and
his relationship to the grantor. If the donee fails to so
notify the department, which failure results in loss of
tax, he shall be liable for such tax. [1975 I st ex.s. c 278
§ 100; 1961 c 15 § 83.05.040. Prior: 1951 c 185 § 4.
Formerly RCW 83.04.120.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
83.05.050 Bond or security for payment of tax-Alternatives. Unless the greatest possible tax is paid in
full within thirty days after receipt of the property by
the trustee or within thirty days after the death of the
grantor, whichever occurs last, a surety company bond
shall be executed in favor of the state of Washington by
the trustee and filed with the department of revenue,
(1975 RCW Supp---p 648)
which bond shall be binding on his successors or representatives, in an amount equal to the greatest possible
tax, conditioned that upon the exercise or termination
of the power the department will be notified and the
final tax paid in full: Provided, That the trustee may
elect to pay a tentative tax based on the probabilities of
devolution of the property, and file a bond only for the
difference between the tentative tax paid and the greatest possible tax. The department, in its discretion, may
accept other adequate security in lieu of any bond or
payment of tentative tax. If at any time the department
has cause to believe that the bond or security furnished
is inadequate to insure payment of the final tax, it may
require such further security from the remaining property as it deems necessary. If the trustee fails or refuses
to pay such tax, or furnish a bond or adequate security,
the greatest possible tax shall immediately become due
and payable, and may be enforced against the property
by the department through foreclosure proceedings.
Any bond executed by the trustee as above provided
shall not be released or exonerated without written
consent of the department. [1975 1st ex.s. c 278 § 101;
1961 c 15 § 83.05.050. Prior: 1951 c 185 § 5. Formerly
RCW 83.04.130.]
Construction--Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
83.05.060 Refund of excess payment of tentative tax.
In the event any tentative tax paid as provided heretofore is determined to be in excess of the final tax, a refund for the excess shall be granted by the department
of revenue, without interest. [1975 1st ex.s. c 278 § 102;
1961 c 15 § 83.05.060. Prior: 1951 c 185 § 6. Formerly
RCW 83.04.140.]
Construction--Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Chapter 83.12
ALIEN ESTATES AND RECIPROCITY WITH
OTHER STATES
Sections
83.12.020
Exemptions prorated.
83.12.020 Exemptions prorated. Where there is
property belonging to decedent both within the state of
Was~ington and without the state of Washington exempt~on~ allowed under the inheritance tax provisions
?f this title shall be prorated, and that portion allowed
m the state of Washington shall be in that proportion
that ~he value of the property within the state of
Washmgton bears to all the property within and without the state of Washington. In order to secure an exemption where the property is thus situated, the
representative must file with the inheritance tax division
of the department of revenue a certified copy of the inventory of all the properties without the state of
V:fashin~ton, and upon his failure so to do, no exemptions will be allowed in this state, whether there is
property within this state or without this state. [1975 1st
ex.s. c 278 § 103; 1961 c 15 § 83.12.020. Prior: 1939 c
202 § 3(107m); 1935 c 180 § 107(m); RRS § 11202-lm.]
Death Tax Disputes, Settlement
Construction-Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Chapter 83.14
SETTLEMENT OF DEATH TAX DISPUTES WITH
OTHER STATES
Sections
83.14.010
83.14.030
83.14.040
83.14.050
Definitions.
Agreement for amount in full payment. .
Board of arbitration-Powers and duties-Procedure-Compensation-Expenses.
Agreement for amount in full payment after proceedings
commenced-Assessments-Additional amounts
due.
83.14.010 Definitions. For the purposes of this
chapter:
(I) "Executor" means an executor of a will or administrator of the estate of the decedent, but does not
include an ancillary administrator nor an administrator
with the will annexed if an executor named in the will
has been appointed and has qualified in another state.
(2) "Taxing official" means the state department of
revenue and the designated authority of a reciprocal
state charged with the duty of collecting its death taxes.
(3) "Death tax" means any tax levied by a state on
account of the transfer or shifting of economic benefits
in property at death, or in contemplation thereof, or intended to take effect in possession or enjoyment at or
after death, whether denominated an "inheritance tax",
"transfer tax", "succession tax", "estate tax", "death
duty", "death dues", or otherwise.
(4) "Interested person" means any person who may
be entitled to receive or who has received any property
or interest which may be required to be considered in
computing the death taxes of any state involved in the
dispute.
(5) "State" means the District of Columbia and any
state, territory or possession of the United States.
(6) "This state" means the state of Washington.
(7) "Board" means board of arbitration. [1975 1st
ex.s. c 278 § 104; 1961 c 15 § 83.14.010. Prior: 1959 c 46
§ I.]
Construction--Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
83.i4.030 Agreement for amount in full payment. In
any case in which an election is made and not rejected,
as provided in RCW 83.14.020, the state department of
revenue may enter into a written agreement with the
other taxing officials involved and with the executor to
accept a sum certain in full payment of any death taxes,
together with interest and penalties, which may be due
this state, provided the agreement fixes the amount of
death taxes with interest and penalties to be paid to the
other states involved in the dispute. [1975 1st ex.s. c 278
§ 105; 1961 c 15 § 83.14.030. Prior: 1959 c 46 § 3.]
Construction-Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
83.14.040
83.14.040 Board of arbitration--Powers and duties--Procedure-Compensation--Expenses.
When it appears by the written admission of the executor and the tax official of each state involved in the dispute that an agreement contemplated in RCW
83.14.030 cannot be reached or, in all events, if one year
has elapsed from the date of the election without such
an agreement having been reached, the domicile o~ the
decedent at the time of his death shall be determmed
solely for death tax purposes as follows:
(1) When this state and one other state only are involved in the dispute, the state department of revenue
and the taxing official of the other state shall each appoint a member of a board of arbitration and those
members shall appoint the third member of the board.
If this state and more than one other state are involved,
the taxing officials thereof shall agree upon the authorities charged with the duty of administering death tax
laws in three states not involved in the dispute and each
of these authorities shall appoint one member of the
board of arbitration. The board shall select one of its
members as chairman.
(2) The board shall hold hearings at such places as it
deems necessary, upon reasonable notice to the executor, ancillary administrators, all interested persons and
the taxing officials of the state involved, all of whom are
entitled to be heard.
(3) The board may administer oaths, take testimony,
subpoena witnesses and require their attendance, require the production of books, papers and documents
and issue commissions to take testimony. Subpoenas
may be issued by any member of the board. Failure to
obey a subpoena of the board may be punished by any
court of record in the same manner as if the subpoena
had been issued by such court.
(4) Whenever practicable the board shall apply the
rules of evidence then prevailing in the federal courts
under the federal rules of civil procedure.
(5) The board, by the decision of its majority, shall
determine the domicile of the decedent at the time of
his death. The decision of the board is final and conclusive and binds this state and all its judicial and administrative officials on all questions concerning the
domicile of the decedent for death tax purposes. If the
board does not render a decision within one year from
the time that it is fully constituted, all authority of the
board shall cease and the bar to court proceedings set
forth in RCW 83.14.020 shall no longer exist.
(6) The decision of the board and the record of its
proceeding shall be filed with the authority having jurisdiction to assess death taxes in the state determined
to be the domicile of the decedent and with the authorities which would have had jurisdiction to assess death
taxes in each of the other states involved if the decedent
had been found to be domiciled therein.
(7) The reasonable compensation and expenses of the
members of the board and its employees shall be agreed
upon among such members, the taxing officials involved, and the executor. If such an agreement cannot be
reached, the compensation and expenses shall be determined by such taxing officials and, if they cannot agree,
(1975 RCW Supp--p 649)
83.14.040
Title 83:
Inheritance and Gift Taxes
by the appropriate probate court of the state determined to be the domicile of the decedent. Such amount
so determined shall be borne by the decedent's estate
and shall be deemed an administration expense thereof.
(1975 1st ex.s. c 278 § 106: 1961c15 § 83.14.040. Prior:
1959 c 46 § 4.]
Construction-Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
83.14.050 Agreement for amount in full payment after proceedings commenced--Assessments--Additional
amounts
due.
Notwithstanding
the
commencement of a legal action for determination of
domicile within this state or the commencement of an
arbitration proceeding as provided in RCW 83.14.040,
the state department of revenue, at any time prior to
the conclusion of such action or proceeding, may in any
case enter into a written agreement with the other taxing officials involved and with the executor to accept a
sum certain in full payment of any death tax, together
with interest and penalties, which may be due this state,
provided the agreement fixes the amount of death taxes
with interest and penalties to be paid the other states
involved in the dispute. Upon the filing of the agreement with the authority which would have jurisdiction
to assess the death taxes of this state if the decedent
died domiciled in this state, an assessment shall be
made as provided in such agreement, and such assessment shall finally and conclusively fix the amount of
death taxes due this state. If the aggregate amount payable under such agreement or under an agreement
made in accordance with the provisions of RCW 83.14.030 to the states involved in the dispute is Jess than the
minimum credit allowable to the estate against the
United States estate tax imposed with respect thereto,
the executor forthwith shall also pay to the state department of revenue of this state the same percentage of
the difference between such aggregate amount of such
credit as the amount payable to the state department of
revenue under such agreement bears to such aggregate
amount. [1975 1st ex.s. c 278 § 107; 1961 c 15 § 83.14.050. Prior: 1959 c 46 § 5.]
Coostruction-Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Chapter 83.16
VALUA TIO NS, CREDITS, AND EXEMPTIONS
Sections
83.16.020
83.16.070
Estates for life--Vested remainders.
Property previously taxed.
83.16.020 Estates for life--Vested remainders.
When the estate of a deceased person is subject to an
inheritance tax, and there is an annuity, life estate, or
an estate for a term of years given to one or more persons and the remainder to another or others, the entire
estate shall be appraised as other estates are required to
be appraised by the laws of this state. The value of the
annuity, life or term estate shall be determined in accordance with the rules, methods, and standards of
mortality and value that are set forth in tables to be
[1975 RCW Supp---p 6501
furnished by the insurance comm1ss10ner of this state
upon request of the department of revenue based upon
such mortality tables as is from time to time required
by law for use by life insurance companies in this state
in determining nonforfeiture values under ordinary life
insurance policies, except that the rate of interest used
in computing the present value of the annuity, life or
term estate shall be three and one-half percent per annum, and the value of the remainder interest shall be
determined by deducting such computed value from the
value of the entire property. After the values shall have
been determined as provided in this section, the tax
shall be computed and collected in the same manner
that the tax on other estates is computed and collected:
Provided, That any person owning the beneficial interest in the remainder may defer the payment of the tax
thereon until he comes into possession of the same by
filing in the office of the county clerk within thirty days
after the determination of the tax, a good and sufficient
surety company bond to the state, or such other security as is deemed by the department of revenue to be adequate, in a sum equal to the amount of the tax
conditioned that he will pay such tax in full within sixty
days after coming into possession of the estate. The
bond shall not operate to defer payment of the tax unless it is approved by the department of revenue, and if
it shall appear to the department at any time that a
bond previously filed and approved has become insufficient it may require a new bond to be filed. If the person owning the beneficial interest in the remainder shall
fail to file a bond within the time herein provided, or if
he shall fail to file a new bond when directed by the
department, the tax shall immediately become due and
payable. [1975 1st ex.s. c 278 § 108; 1961 c 15 § 83.16.020. Prior: 1953 c 136 § l; 1939 c 202 § 6, part; 1917 c
146 § 2, part; 1901 c 55 § 8, part; RRS § 11205, part.]
Construction--Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Insurance commissioner to publish tables of average life expectancy,
values of annuities, life and term estates: RCW 48.02.160.
83.16.070 Property previously taxed. As used in this
section:
"Property" includes property which can be identified
as having been acquired in exchange for or with the
proceeds of property previously taxed.
"Property previously taxed" means property transferred by a present decedent to any person who is a
class A transferee, as defined by the inheritance tax
laws of this state, with respect to the present decedent,
where the property had previously been transferred to
the present decedent by a prior decedent, whose death
occurred not more than five years prior to that of the
present decedent, and in relation to whom the present
decedent was a class A transferee, and where an inheritance tax was paid to this state on such transfer.
There shall be allowed as an exemption in the estate
of the present decedent an amount equal to that portion
of the property previously taxed which is exclusive of
the proport~on of deductions chargeable against and
any exemption allowed against the property previously
Procedure to Fix Tax on Estate
taxed in the estate of the prior decedent and the proportion of deductions chargeable against the property
previously taxed in the present decedent's estate, which
shall be determined under rules prescribed by the department of revenue. For the purpose of computing
such exemption, the value of each item of the property
previously taxed shall be the gross value thereof as of
the date of death of the prior decedent or as of the date
of death of the present decedent, whichever is lower.
[ 1975 1st ex.s. c 278 § 109; 1961 c 15 § 83.16.070. Prior:
1953 c 137 § l; 1939 c 202 § 2; 1931 c 134 § 4; RRS §
l 1202a.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Chapter 83.24
DETERMINATION OF TAX WITHOUT PROBATE
Sections
83.24.010
Determination of tax without administration.
83.24.010 Determination of tax without administration. When any person dies leaving property within the
jurisdiction of the state of Washington, which shall pass
by the statutes of inheritance of this or any other state,
or by deed, grant, sale or gift made in contemplation of
the death of the grantor or donor, or by deed, grant,
sale or gift made or intended to take effect in possession
or in enjoyment after the death of the grantor or donor,
to any person in trust or otherwise, and there has been
no application for letters of administration of the estate
of such deceased person, or when administration of any
estate has been completed without an adjudication of
the inheritance tax, the liability of such property for the
payment of an inheritance tax may be determined
without administration in the manner hereinafter
provided.
Any person interested in such property may file an
affidavit with the inheritance tax division of the department of revenue and request a determination of the
questions arising under the inheritance tax provisions of
this title. Such affidavit shall contain the name and date
of death of decedent, the description and estimated value of all property involved, the names and places of
residence of all persons interested in the same, and such
other facts as are necessary for a determination of such
questions.
Up~n the receipt of such affidavit, and after such investigation as is necessary to determine the fair market
value of all of the property becoming subject to the inheritance tax laws, the department of revenue through
its inheritance tax division shall determine the amount
of inheritance tax due, if any.
Where the department of revenue, through its inheritance tax division, has determined that no tax is due, or
that the amount of tax as determined has been fully
paid, it may issue its release and receipt, but such release shall be only as to the assets of the estate shown
and disclosed by such affidavit and supplementary exhibits filed in such proceedings.
In any such case, the department of revenue may
compromise such tax and issue a satisfaction therefor,
83.28.020
without probate. proceedings, where the necessary facts
are furnished and filed by affidavit, but such release
shall be only as to the assets of the estate shown and
disclosed by such proceedings. [ 1975 1st ex.s. c 278 §
110; 1961 c 292 § 12; 1961 c 15 § 83.24.010. Prior: 1929
c 205 § 4, part; 1917 c 146 § 5, part; RRS § 11216, part.
Formerly RCW 83.24.010 and 83.24.040.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Chapter 83.28
PROCEDURE TO FIX TAX ON ESTATE
Sections
83.28.010
83.28.020
Powers of department of revenue and director.
Examination by department of revenue.
83.28.010 Powers of department of revenue and director. All the powers of a referee of the superior court
having jurisdiction of the estate of a decedent shall be
vested in the department of revenue and its director
shall have jurisdiction to require the attendance before
him of the executor or administrator of said estate or
any person interested therein or any other person whom
he may have reason to believe possesses knowledge of
the estate of said decedent or knowledge of any property transferred by said decedent within the meaning of
the inheritance tax provisions of this title or knowledge
of any facts that will aid the department of revenue or
the court in the determination of said tax, but no person shall be required to attend at any place outside of
the county in which such decedent resided at the time
of his death or in which letters of administration could
lawfully issue upon the estate of such decedent. [I 975
I st ex.s. c 278 § I I I; I 96 I c I 5 § 83.28.0 JO. Prior: I 939
c 202 § 3(107a); I935 c I80 § I07(a); RRS § I 1202-la.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW l 1.08.160.
83.28.020 Examination by department of revenue.
For the purpose of compelling the attendance of such
person or persons, and for the purpose of appraising
any property or interest subject to or liable for any inheritance tax hereunder, and for the purpose of determining the amount of tax due thereon, the department
of revenue is hereby authorized to issue subpoenas
compelling the attendance of witnesses before said department. The department may examine and take evidence of such witnesses or of such executor or
administrator or other person under oath concerning
such property and the value thereof, and concerning the
property or the estate of such decedent subject to probate. Any person or persons who shall be subpoenaed
by the said department to appear and testify or to
produce books and papers and who shall refuse and
neglect to appear and produce books relative to such
appraisement shall be guilty of contempt. [1975 1st ex.s.
c 278 § 112; 1961 c I5 § 83.28.020. Prior: 1939 c 202 §
3(107b); I935 c 180 § 107(b); RRS § 11202-lb.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW l 1.08.160.
(1975 RCW Supp--p 6511
Chapter 83.32
Title 83:
Inheritance and Gift Taxes
Chapter 83.32
PROCEDURE TO FIX TAX ON PROPERTY
PREVIOUSL \' TRANSFERRED
Sections
83.32.010
Citation by department of revenue.
83.32.010 Citation by department of revenue. If it
shall appear that any transfer has been made within the
meaning of the inheritance tax provisions of this title,
and the taxability thereof and the liability for such tax
and the amount thereof have not been determined and
that no proceedings are pending in any court in this
state wherein the taxability of such transfer and liability
therefor and the amount thereof may be determined,
the department of revenue shall issue a citation ordering and directing the persons who may appear liable
therefor or known to own any interest in or part of the
property transferred to appear before the director or
other duly authorized agent of the department of revenue in any county in which, under the law, letters of
administration could issue upon the estate of the decedent, at a time and place in said citation named not less
than ten days nor more than thirty days from the issuance of such citation to be examined under oath by said
director of the department of revenue or agent concerning property transferred and the character and value thereof. [1975 !st ex.s. c 278 § 113; 1961 c 15 §
83.32.010. Prior: 1939 c 202 § 3(107h); 1935 c 180 §
107(h); RRS § 11202-lh.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Chapter 83.36
DEPARTMENT OF REVENUE'S POWERS
Sections
83.36.010
83.36.020
83.36.030
83.36.040
83.36.050
83.36.060
Powers in general.
Examination of books and documents--Secrecy enjoined-Penalty.
Access to books and records.
List of heirs.
Copies of reports and papers by fiduciaries.
Notice of transfer of real estate by trustees, executors
and administrators.
83.36.010 Powers in general. The department of revenue shall take charge of and exercise general supervision of the enforcement and collection of the direct and
collateral inheritance taxes under this title, and in the
discharge of such duty the department of revenue may
institute and prosecute such suits or proceedings in the
courts of the state as may be necessary and proper, appearing therein for such purpose; and it shall be the
duty of the several prosecuting attorneys to render assistance therein when called upon by the department of
revenue so to do.
The department of revenue shall make and publish
rules and regulations not inconsistent with the inheritance tax provisions of this title, necessary in enforcing
its provisions, which rules and regulations shall have the
same force and effect as if specifically included herein,
unless declared invalid by the judgment of a court of
record not appealed from.
(1975 RCW Supp----p 6521
The department of revenue shall keep a record in
which shall be entered memoranda of all the proceedings had in each case, and shall also keep an itemized
account showing the amount of such taxes collected, in
detail, charging the state treasurer therewith. [ 1975 I st
ex.s. c 278 § 114; 1961c15 § 83.36.010. Prior: (i) 1939 c
206 § 5, part, subdivision Third; 1935 c 127 § I, part,
subdivision Third; 1923 c 170 § I; 1921 c 7 § 50; 1907 c
220 § I, part, subdivision Third; 1905 c 115 § 2, part,
subdivision Third; RRS § 11091 (second), part. (ii) 1945
c 184 § 5, part; 1935 c 180 §Ill, part; 1907 c 217 §JO,
part; Rem. Supp. 1945 § 11217, part.]
Construction--Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
83.36.020 Examination of books and documents-Secrecy enjoined--Penalty. Whenever the department
of revenue shall have reasonable cause to believe that a
tax is due under the inheritance tax provisions of this
title, upon any transfer of any property, and that any
person, firm, institution, company, association or corporation has possession, custody or control of any
books, accounts, papers, or documents relating to or
evidencing such transfer, the department of revenue or
his duly authorized agent, is hereby authorized and empowered to inspect the books, records, accounts, papers
and documents of any such person, firm, institution,
company, association or corporation, including the
stock transfer book of any corporation, and to administer oaths to and examine any such person or any officer
or agent of such firm, institution, company, association
or corporation, for the purpose of acquiring any information deemed necessary or desirable by said director
or his assistants, for the proper enforcement of the inheritance tax provisions of this title, and for the collection of the full amount of the tax which may be due the
state hereunder. Any and all information and records
acquired by said director, or his assistants, shall be
deemed and held by said director and said director's
assistants and each of them, as confidential, and shall
not be divulged, disclosed or made known by them or
any of them except insofar as may be necessary for the
enforcement of the provisions of the inheritance tax
provisions of this title. Any director of the department
of revenue or assistant director of the department of
revenue, or ex-director or ex-assistant director, or inheritance tax attorney, or ex-inheritance tax attorney,
or assistant inheritance tax attorney, or ex-assistant inheritance tax attorney, who shall divulge, disclose, or
make known any information acquired by such inspection and examination aforesaid, except insofar as the
s~~e may be necessary for the enforcement of the prov1s10ns of the inheritance tax provisions of this title,
shall be guilty of a gross misdemeanor. [1975 1st ex.s. c
278 § 115; 1961 c 15 § 83.36.020. Prior: 1939 c 202 §
3(107r); 1935 c 180 § 107(r); RRS § 11202-lr.]
Construction-Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
83.36.030 Access to books and records. An officer or
agent of any firm, institution, company, association or
corporation having or keeping an office within this
Inheritance Tax, Payment
state, who has in his custody or under his control any
book, record, account, paper or document of s~ch firm,
institution, company, association or corpora~1on, and
any person having in his custody or under his control
such book, record, account, paper or document who refuses to give to the department of revenue, or said inheritance tax attorney, or any of said assistant
inheritance tax attorneys, lawfully demanding as provided in this section, during office hours to inspect or
take a copy of the same, or any part thereof, for the
purposes provided in RCW 83.36.020, a reasonable opportunity so to do, shall be liable to a penalty of not
less than one thousand dollars nor more than twenty
thousand dollars, and in addition thereto shall be liable
for the amount of the taxes, interest and penalties due
under the inheritance tax provisions of this title on such
transfer, and the said penalties and liabilities for the violation of this section may be enforced in an action
brought by the department of revenue in any court of
competent jurisdiction. [1975 lst ex.s. c 278 § 116; 1961
c 15 § 83.36.030. Prior: 1939 c 202 § 3(107s); 1935 c 180
§ 107(s); RRS § 11202-ls.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
83.36.040 List of heirs. Upon the filing of any petition for letters of administration or for the probate of
any will, the petitioner shall file with the clerk of the
court a statement in such form as the department of
revenue may prescribe, which statement shall contain a
list of heirs, legatees or devisees of said estate, if known,
and the relationship which each bears to the decedent,
together with a statement of the location, nature and
probable value of the entire estate, and an estimate of
the amount or value of each distributive share, the residence and date of death of decedent, and shall state
whether such deceased died testate or intestate, and the
clerk of the court shall not accept such petition for filing unless ·the same is accompanied by such statement.
The clerk of the court shall immediately forward such
statement to the department of revenue. [1975 lst ex.s. c
278 § 117; 1961 c 15 § 83.36.040. Prior: 1919 c 29 § l;
1907 c 217 § 13; 1905 c 114 § 2; 1901 c 55 § 15; RRS §
11213.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
83.36.050 Copies of reports and papers by fiduciaries.
Administrators, executors and trustees of the estates
subject to the inheritance tax shall, when demanded by
the department of revenue, send certified copies of such
parts of their reports as may be demanded by it, and
upon refusal of said parties to comply with such demand, it is the duty of the clerk of the court to furnish
such copies, and the expense of making the same shall
be charged against the estate as are other costs in probate, and such administrator, executor, or trustee, shall
also upon request of the department of revenue, furnish
copies of all deeds, mortgages, trust agreements, insurance policies, and other instruments in writing that
within his judgment are necessary for the determination
of the inheritance taxes due the state of Washington,
83.44.030
and shall also furnish to the department of revenue an
inheritance tax report in such form as prescribed by the
department of revenue, listing under oath the debts and
expenses of administration which are allowable as deductions, and including such other information under
oath, concerning the inheritance tax liability of the estate as may be required. [1975 1st ex.s. c 278 § 118;
1961 c 15 § 83.36.050. Prior: 1945 c 184 § 5, part; 1935
c 180 § 111, part; 1907 c 217 § 10, part; 1901 c 55 § 18,
part; Rem. Supp. 1945 § 11217, part.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
83.36.060 Notice of transfer of real estate by trustees,
executors and administrators. Whenever any of the real
estate of which any decedent may die seized shall pass
to any body politic or corporate, or to any person or
persons, or in trust for them, or some of them, it shall
be the duty of the executor, administrator, or trustee of
said decedent to give information thereof in writing to
the department of revenue within three months after
they undertake the execution of their expected duties,
or if the fact be not known to them within that period,
then within three months after the same shall have
come to their knowledge. [ 1975 I st ex.s. c 278 § 119;
1961 c 15 § 83.36.060. Prior: 1935 c 180 § 121; RRS §
112llc.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Chapter 83.44
PAYMENT OF INHERITANCE TAXENFORCEMENT-COMPROMISE
Sections
83.44.030
83.44.040
83.44.050
83.44.070
Tax on corporate stock-How paid.
Devise or bequest to fiduciary in lieu of commissionExcess liable to tax.
When legatee or devisee must pay tax-Lien.
Compromise when liability doubtful.
83.44.030 Tax on corporate stock--How paid. If a
foreign executor, administrator or trustee shall assign
any corporate stock, or obligations in this state standing
in the name of a decedent, or in trust for a decedent,
liable to such tax, the tax shall be paid to the state
treasurer on or before the transfer thereof, otherwise,
the corporation permitting its stock to be so transferred
on its books shall be liable to pay such tax. No safe deposit company, bank or other institution, person or
persons, holding any securities, property or assets of
any nonresident decedent, shall deliver or transfer the
same to any nonresident executor, administrator or
representative of such decedent, until after a notice in
writing of the time and place of such transfer shall have
been duly given the department of revenue at least ten
days prior thereto, and the tax imposed by the inheritance tax provisions of this title paid thereon, and every
such safe deposit company, bank or other institution,
person or persons, shall be liable for the payment of
such tax. [1975 1st ex.s. c 278 § 120; 1961 c 15 § 83.44.030. Prior: 1907 c 217 § 8; 1901 c 55 § 14; RRS §
11212.]
[1975 RCW Supp----p 653)
83A4.030
Title 83:
Inheritance and Gift Taxes
Construction--Severabilitv-1975 1st ex.s. c 278: See notes following RCW I L08.160.
.
83.44.040 Devise or bequest to fiduciary in lieu of
commission--Excess liable to tax. Whenever a decedent appoints one or more executors or trustees and in
lieu of their allowance or commission, makes a bequest
or devise of property to them which would otherwise be
liable to said tax, or appoints them his residuary legatees, and said bequests, devises, or residuary legacies
exceed what would be a reasonable compensation for
their services, such excess shall be liable to such tax,
and the court having jurisdiction of their accounts,
upon its own motion, or on the application of the department of revenue, shall fix such compensation. [ 1975
1st ex.s. c 278 § 121; 1961 c 15 § 83.44.040. Prior: 1907
c 217 § 5; 1901 c 55 § 9; RRS § 12207.]
Construction-Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
83.44.050 When legatee or devisee must pay tax-Lien. Whenever any legacies subject to said tax are
charged upon or payable out of any real estate, the heir
or devisee, before paying the legacies, shall deduct said
tax therefrom and pay it to the executor, administrator,
trustee or state treasurer, and the same shall remain a
charge and be a lien upon said real estate until it is
paid; and payment thereof shall be enforced by the executor, administrator, trustee or department of revenue,
in the same manner as the payment of the legacy itself
could be enforced. [1975 1st ex.s. c 278 § 122; 1961 c 15
§ 83.44.050. Prior: 1907 c 217 § 6; 1901 c 55 § 10; RRS
§ 11208.]
Construction-Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
83.44.070 Compromise when liability doubtful.
Whenever an estate charged, or sought to be charged
with the inheritance tax, is of such a nature, or is so
disposed, that the liability of the estate is doubtful, or
the value thereof cannot, with reasonable certainty, be
ascertained under the provisions of law, the department
of revenue may compromise with the beneficiaries or
representatives of such estates, and compound the tax
thereon; but said settlement must be approved by the
superior court having jurisdiction of the estate, and after such approval, the payment of the amount of the
taxes so agreed upon shall discharge the lien against the
property of the estate. [1975 1st ex.s. c 278 § 123; 1961 c
15 § 83.44.070. Prior: 1907 c 217 § 9; 1901 c 55 § 17;
RRS § 11215.]
Construction-Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Chapter 83.48
QUIETING TITLE AGAINST TAX LIABILITY
Sections
83.48.010
Actions authorized-Procedure.
(1975 RCW Supp--;> 654)
83.48.010 Actions authorized--Procedure. Actions
may be brought against the state by any interested person for the purpose of quieting the title to any property
against the lien or claim of lien of any tax or taxes under the inheritance tax provisions of this title, or for the
purpose of having it determined that any property is
not subject to any lien for taxes nor chargeable with
any tax under the inheritance tax provisions of this title.
No such action shall be maintained where any proceedings are pending in any court or before the department of revenue or the director thereof in this state
wherein the taxability of such transfer and the liability
therefor and the amount thereof may be determined.
All parties interested in said transfer and in the taxability thereof shall be made parties thereto and any interested person who refuses to join as plaintiff therein may
be made a defendant. Summons for the state in said
action shall be served upon the department of revenue
by delivering a copy thereof to the director.
Upon the filing of the complaint the court shall enter
an order directing the department of revenue to hear
said matter and to report to the court thereon, and shall
direct notice of such time and place to be given for such
hearing as the court shall deem proper, and shall refer
said matter to said department, which shall have all of
the powers of a referee of said court, including the
powers prescribed in RCW 83.28.020. The procedure
subsequent to said reference to said department shall
conform to the provisions of RCW 83.28.030, 83.28.040,
83.28.050, 83.28.060 and 83.28.070. Should the court
determine that the property described in the complaint
is subject to the lien of said tax and that said property
has been transferred within the meaning of the inheritance tax provisions of this title, the court shall grant
affirmative relief to the state in said action and judgment shall be rendered therein in favor of the state, ascertaining and determining the amount of said tax and
the person or persons liable therefor, and the property
chargeable therewith or subject to lien therefor. If the
court shall determine that such property or estate is not
liable to be charged with any tax under the provisions
of the inheritance tax provisions of this title, it shall enter its decree quieting title to such property against any
and all such taxes, and discharging such person or persons from liability therefor. [ 1975 1st ex.s. c 278 § 124;
1961 c 15 § 83.48.010. Prior: 1939 c 202 § 3(107k); 1935
c 180 § 107(k); RRS § 11202-lk. Formerly RCW 83.48.010, 83.48.020, 83.48.030 and 83.48.040.]
Construction--Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Chapter 83.56
GIFT TAXES
Sections
83.56.080
83.56.090
83.56.100
83.56.110
83.56.130
83.56.140
83.56.150
83.56.170
Valuation of property other than money.
Returns--Date of filing.
Donor to keep records and make returns.
Payment of tax-Disposition of revenue.
Recordation of certificate of nonpayment attaches lien
to realty.
Release of lien.
Determination of correct tax.
Interest on deficiency assessments.
Gift Taxes
83.56.180
83.56.200
83.56.210
83.56.220
83.56.240
83.56.250
83.56.270
83.56.280
83.56.310
83.56.320
Jeopardy assessment.
Time limited for making assessment.
Suspension of statute of limitations.
Interest on delinquent taxes.
.
.
Credit or refund for overpayment-Cla1m-T1me
limit.
Liability of transferee or fiduciary-Statute of limitations-Injunctions prohibited.
Powers and duties of fiduciary.
Civil penalty for failure to file return.
Rules and regulations.
Compromise or waiver of interest assessed.
83.56.080 Valuation of property other than money. If
the gift is made in property other than money, the
amount thereof shall be its true and fair value in money, less any encumbrance thereon at th~ time such gift
is made, and such value shall be determmed by the department of revenue, and any party i~ interest may,
within thirty days, appeal to the supenor court from
such determination. If the gift is made by transfer of
property in trust or otherwise an~ const~tutes a pres~nt
or future interest less than a fee simple mterest therem,
the value thereof shall be computed in the same manner
as provided by statute for the determination of inheritance taxes on like interests at the time the gift is made.
[1975 1st ex.s. c 278 § 125; 1961 c 15 § 83.56.080. Prior:
1941 c 119 § 6; Rem. Supp. 1941 § 11218-16.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
83.56.090 Returns--Date of filing. Any individual
who within any calendar year makes any transfers by
gift (except those which are not to be included in the
total amount of gifts for such year) shall make a return
under oath which shall set forth such information as is
required by the department of revenue.
The return shall be filed with the department of revenue of the state of Washington on or before the fifteenth day of April following the close of the calendar
year in which the gift is made. [1975 1st ex.s. c 278 §
126; 1961 c 15 § 83.56.090. Prior: 1957 c 285 § 3; 1941 c
119 § 7; Rem. Supp. 1941 § I 1218-17.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
83.56.100 Donor to keep records and make returns.
(I) Every person liable to any tax imposed by this
chapter or for the collection thereof, shall keep such records, render under oath such statements, make such
returns, and comply with such rules and regulations, as
the department of revenue may from time to time
prescribe;
(2) Whenever it is necessary in the judgment of the
department of revenue it may require any person, by
notice served upon him, to make a return, render under
oath such statements, or keep such records, as the department of revenue deems sufficient to show whether
or not such person is liable to tax under this chapter.
[1975 1st ex.s. c 278 § 127; 1961 c 15 § 83.56.100. Prior:
1941 c 119 § 8; Rem. Supp. 1941 § 11218-18.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
83.56.170
83.56.110 Payment of tax--Disposition of revenue.
The tax imposed by this chapter shall be paid by the
donor to the department of revenue on or before the
fifteenth day of April following the close of the calendar
year in which the gift is made.
All moneys paid to the department of revenue under
this chapter shall forthwith be transmitted to the state
treasurer and credited to the general fund. [1975 1st
ex.s. c 278 § 128; 1961 c 15 § 83.56.110. Prior: 1957 c
285 § 4; 1941 c 119 § 9; Rem. Supp. 1941 § 11218-19.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
83.56.130 Recordation of certificate of nonpayment
attaches lien to realty. In any case in which any tax, interest, or penalty imposed by this chapter is not paid
when due, the department of revenue may file for
record in the office of the county auditor of any county
a certificate giving the name of the donor and the donee
or either of them and the amount of taxes, interest and
penalties due. From the time of the recording of any
such certificate the amount of the tax, interest and penalties therein set forth shall constitute a lien upon any
real property then owned or thereafter acquired by any
donor or donee named in such certificate located in the
county in which said certificate is recorded, which lien
shall have the same force, effect and priority as a lien
created by the recording of a judgment. Said lien shall
continue, however, for ten years after the time the tax
becomes delinquent or until the tax is paid, the property sold for the nonpayment thereof until the lien is released or otherwise extinguished. [1975 1st ex.s. c 278 §
129; 1961 c 15 § 83.56.130. Prior: 1941 c 119 § IOa;
Rem. Supp. 1941 § 11218-21.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
83.56.140 Release of lien. If the department of revenue is satisfied that the gift tax liability of any person
has been provided for or will be provided for or that no
gift tax liability exists, it may issue its certificate releasing any property of such person from the lien imposed
by this chapter. [1975 lst ex.s. c 278 § 130; 1961 c 15 §
83.56.140. Prior: 1941 c 119 § lOb; Rem. Supp. 1941 §
11218-22.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
83.56.150 Determination of correct tax. As soon as
practicable after the return is filed the ?epartment of
revenue shall examine it and shall determme the correct
amount of the tax. [1975 1st ex.s. c 278 § 131; 1961 c 15
§ 83.56.150. Prior: 1941c119 § 11; Rem. Supp. 1941 §
11218-23.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
83.56.170 Interest on deficiency assessments. Interest
upon the amount determined as a deficiency shall be
assessed at the same time as the deficiency, shall be
paid upon notice and demand from the department of
revenue, and shall be collected as a part of the tax, at
[1975 RCW Supp--p 655]
83.56.170
Title 83:
Inheritance and Gift Taxes
the rate of six percent per annum from the due date of
the tax to the date the deficiency is assessed, or, in case
of waiver under RCW 83.56.160(4), to the thirtieth day
after the filing of such waiver or the date the deficiency
is assessed, whichever is the earlier. [1975 1st ex.s. c 278
§ 132; 1961 c 15 § 83.56.170. Prior: 1941 c 119 § 21;
Rem. Supp. 1941 § 11218-33.]
Construction-8everability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
83.56.180 Jeopardy assessment. (I) If the department of revenue believes that the assessment or collection of a deficiency will be jeopardized by delay, it shall
immediately assess such deficiency (together with all interest, additional amounts or additions to the tax provided for by law) and notice and demand shall be made
by the department of revenue for the payment thereof;
(2) If the jeopardy assessment is made before any
notice in respect of the tax to which the jeopardy assessment relates has been mailed, then the department
of revenue shall mail a notice within sixty days after the
making of the assessment;
(3) The jeopardy assessment may be made in respect
of a deficiency greater or less than that notice of which
has been mailed to the donor, despite the provisions of
this chapter prohibiting the determination of additional
deficiencies, and whether or not the donor has theretofore filed a petition with the superior court;
(4) When a jeopardy assessment has been made, the
donor, within ten days after notice and demand for the
payment of the amount of the assessment, may obtain a
stay of collection of the whole or any part of the
amount of the assessment by filing with the department
of revenue a bond in such amount, not exceeding double the amount as to which the stay is desired, and with
such sureties as the department of revenue deems necessary, conditioned upon the payment of so much of
the amount, the collection of which is stayed by the
bond, as is not abated by a decision of the superior
court which has become final, together with interest
thereon as provided herein;
(5) If the bond is given before the donor has filed his
petition with the superior court the bond shall contain a
further condition that if a petition is not filed within the
period provided in this chapter, then the amount, the
collection of which is stayed by the bond, will be paid
on notice and demand at any time after the expiration
of such period, together with interest thereon at the rate
of six percent per annum from the date of the jeopardy
notice and demand to the date of notice and demand
under this subsection;
(6) Upon the filing of the bond the collection of so
much of the amount assessed as is covered by the bond
shall be stayed. The donor shall have the right to waive
such stay at any time in respect of the whole or any
part of the amount covered by the bond, and if as a result of such waiver any part of the amount covered by
the bond is paid, then the bond shall, at the request of
the donor, be proportionately reduced. If the department of revenue determines that the amount assessed is
greater than the amount which should have been assessed then when the decision of the superior court is
(1975 RCW
Sup~
6561
rendered the bond shall, at the request of the donor, be
proportionately reduced;
(7) When the petition has been filed with the superior
court and when the amount which should have been
assessed has been determined by a decision of the court
which has become final, then any unpaid portion, the
collection of which has been stayed by the bond, shall
be collected as part of the tax upon notice and demand
from the department of revenue, and any remaining
portion of the assessment shall be abated. If the amount
already collected exceeds the amount determined as the
amount which should have been assessed, such excess
shall be credited or refunded by the state of
Washington. If the amount determined as the amount
which should have been assessed is greater than the
amount actually assessed, then the difference shall be
assessed and shall be collected as part of the tax upon
notice and demand from the department of revenue.
[1975 1st ex.s. c 278 § 133; 1961 c 15 § 83.56.180. Prior:
1941 c 119 § 14; Rem. Supp. 1941 § 11218-26.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
83.56.200 Time limited for making assessment. ( 1)
Except as otherwise herein provided, the amount of
taxes imposed by this chapter shall be assessed within
one year after the return is filed, and no proceeding in
court without assessment for the collection of such
taxes shall be begun after the expiration of three years
after the return was filed;
(2) In the case of false or fraudulent return with intent to evade tax or of failure to file return the tax may
be assessed or a proceeding in court for the collection
of such tax may be begun without assessment at any
time;
(3) Where the assessment of any tax imposed by this
chapter has been made within the statutory period of
limitation properly applicable thereto such tax may be
collected by distraint or by a proceeding in court, but
only if begun (a) within six years after the assessment of
the tax, or (b) prior to the expiration of any period for
collection agreed upon in writing by the department of
revenue and the donor. [1975 1st ex.s. c 278 § 134; 1961
c 15 § 83.56.200. Prior: 1941 c 119 § 16; Rem. Supp.
1941 § 11218-27.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
83.56.210 Suspension of statute of limitations. The
running of the statute of limitations provided herein on
the_ making of assessments and the beginning of distramt or a proceeding in court for collection, in respect
of any deficiency, shall (after the mailing of notice) be
suspended for the period during which the department
of revenue is prohibited from making the assessment or
beginning distraint or a proceeding in court, and for
sixty days thereafter. [1975 1st ex.s. c 278 § 135; 1961 c
15 § 83.56.210. Prior: 1941c119 § 17; Rem. Supp. 1941
§ 11218-29.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Gift Taxes
83.56.220 Interest on delinquent taxes. (I) Where the
amount determined by the donor as the tax imposed by
this chapter, or any part of such amount, is not paid on
the due date of the tax, there shall be collected as a part
of the tax, interest, upon the unpaid amount at the rate
of one percent per month from the due date until it is
paid;
(2) Where an extension of time for payment of the
amount so determined as the tax by the donor has been
granted, and the amount the time for payment of which
has been extended, and the interest thereon determined
under RCW 83.56.230( I), is not paid in full prior to the
expiration of the period of the extension, then, in lieu of
the interest provided for in subsection (I) of this section, interest at the rate of one percent per month shall
be collected on such unpaid amount from the date of
the expiration of the period of the extension until it is
paid;
(3) Where a deficiency, or any interest assessed in
connection therewith under RCW 83.56.170 or any addition to the tax provided for in this chapter, is not paid
in full within ten days from the date of notice and demand from the department of revenue, there shall be
collected as part of the tax, interest upon the unpaid
amount at the rate of one percent a month from the
date of such notice and demand until it is paid;
(4) If a bond is filed, as provided in RCW 83.56.180,
the provisions of subsection (I) of this section shall not
apply to the amount covered by the bond;
(5) If the part of the deficiency, the time for payment
of which is extended as provided in RCW 83.56.160(9)
is not paid in accordance with the terms of the extensions, there shall be collected, as a part of the tax, interest on such amount at the rate of one percent per
month for the period from the time fixed by the terms
of the extension for its payment until it is paid, and no
other interest shall be collected on such unpaid amount
for such period;
(6) If the amount included in the notice and demand
from the department of revenue under RCW
83.56.180(7) is not paid in full within ten days after
such notice and demand, then there shall be collected,
as part of the tax, interest upon the unpaid amount at
the rate of one percent a month from the date of such
notice and demand until it is paid. [1975 1st ex.s. c 278
§ 136; 1961 c 15 § 83.56.220. Prior: 1941 c 119 § 23;
Rem. Supp. 1941 § 11218-35.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
83.56.240 Credit or refund for overpayment-Claim--Time limit. (I) Where there has been an
overpayment of any tax imposed by this chapter, the
amount of such overpayment shall be credited against
any gift tax then due from the taxpayer, and any balance shall be refunded by the state of Washington to
the taxpayer;
(2) Limitation on allowance. (a) No such credit or
refund shall be allowed or made after two years from
the time the tax was paid, unless before the expiration
of such period a claim therefor is filed by the taxpayer;
(b) The amount of the credit or refund shall not exceed
83.56.250
the portion of the tax paid during the three years immediately preceding the filing of the claim, or if no
claim was filed, then during the three years immediately
preceding the allowance of the credit or refund;
(3) If the department of revenue has mailed to the
taxpayer a notice of deficiency under RCW 83.56.160(1)
and if the taxpayer files a petition with the superior
court within the time prescribed in such section, no
credit or refund in respect of the tax for the calendar
year in respect of which the department of revenue has
determined the deficiency shall be allowed or made and
no suit by the taxpayer for the recovering of any part of
such tax shall be instituted in any court except: (a) As
to the overpayments determined by a decision of the
court which has become final; and (b) as to any amount
collected in excess of an amount computed in accordance with the decision of the court which has become
final; and (c) as to any amount collected after the period of limitation upon the beginning of distraint or a
proceeding in court for collection has expired; but in
any such claim for credit or refund or in any such suit
for refund the decision of the court which has become
final, as to whether such period has expired before the
notice of deficiency was mailed, shall be conclusive;
(4) If the court finds that there is no deficiency and
further finds that the taxpayer has made an overpayment of tax in respect of the taxable year in respect of
which the department of revenue determined the deficiency, the court shall have jurisdiction to determine the
amount of such overpayment, and such amount shall,
when the decision of the court has become final, be
credited or refunded to the taxpayer. No such credit or
refund shall be made of any portion of the tax paid
more than three years before the filing of the claim or
the filing of the petition, whichever is earlier. [ 1975 I st
ex.s. c 278 § 137; 1961 c 15 § 83.56.240. Prior: 1941 c
119 § 27; Rem. Supp. 1941 § 11218-39.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
83.56.250 Liability of transferee or fiduciary-Statute of limitations--Injunctions prohibited. (I) The
amount of the following liabilities shall, except as hereinafter provided, be assessed, collected and paid in the
same manner and subject to the same provisions and
limitations as in the case of a deficiency in the tax imposed by this chapter (including the provisions in case
of a delinquency in payment after notice and demand,
the provisions authorizing distraint and proceedings in
court for collection, and the provisions prohibiting
claims and suits for refunds):
(a) The liability, at law or in equity, of a transferee of
property of a donor, in respect to the tax (including interest, additional amounts, and additions to the tax
provided by law) imposed by this chapter;
(b) The liability of a fiduciary in respect of the payment of any such tax from the estate of the donor;
Any such liability may be either as to the amount of
tax shown on the return or as to any deficiency in tax;
(2) The period of limitation for assessment of any
such liability of a transferee or fiduciary shall be as
follows:
[1975 RCW Supp--p 657)
83.56.250
Title 83:
Inheritance and Gift Taxes
(a) Within one year after the expiration of the period
of limitation for assessment against the donor;
(b) If a court proceeding against the donor for the
collection of the tax has been begun within the period
provided in paragraph (a), then within one year after
return of execution in such proceedings;
(3) For the purpose of this section, if the donor is deceased, the period of limitation for assessment against
the donor shall be the period that would be in effect
had the death not occurred;
(4) The running of the statute of limitations upon the
assessment of the liability of a transferee or fiduciary
shall, after mailing of the notice under RCW
83.56.160(1) to the transferee or fiduciary, be suspended
for the period during which the department of revenue
is prohibited from making the assessment in respect of
the liability of the transferee or fiduciary (and in any
event, if a proceeding in respect of the liability is placed
on the docket of the superior court, until the decision of
the court becomes final, and for sixty days thereafter);
(5) No suit shall be maintained in any court for the
purpose of restraining the assessment or collection of
(a) the amount of the liability, at law or in equity of a
transferee of property of a donor in respect of any gift
tax, or (b) the amount of the liability of a fiduciary under this chapter. in respect of any such tax;
(6) As used in this section, the term "transferee" includes donee, heir, legatee, devisee, and distributee;
(7) In the absence of notice to the department of revenue under RCW 83.56.270(2) of the existence of a fiduciary relationship, notice of liability enforceable
under this section in respect of a tax imposed by this
chapter, if mailed to the person subject to the liability
at his last known address, shall be sufficient for the
purposes of this chapter even if such person is deceased,
or is under legal disability, or, in the case of a corporation, has terminated its existence. [ 1975 lst ex.s. c 278 §
138; 1961 c 15 § 83.56.250. Prior: 1941 c 119 § 25;
Rem. Supp. 1941 § 11218-37. Formerly RCW 83.56.250
and 83.56.260.]
(3) Notice shall be given in accordance with the regulations prescribed by the department of revenue. [ 1975
1st ex.s. c 278 § 139; 1961 c 15 § 83.56.270. Prior: 1941
c 119 § 26; Rem. Supp. 1941§11218-38.]
Construction-Severability-1975 lst ex.s. c 278: See notes following RCW 11.08.160.
83.56.280 Civil penalty for failure to file return. In
case of any failure to make and file a return required by
this chapter, within the time prescribed by law or by the
department of revenue in pursuance of law, twenty-five
percent of the tax shall be added to the tax, except that
when a return is filed after such time and it is shown
that the failure to file it was not due to wilful neglect no
such addition shall be made to the tax. The amount so
added to any tax shall be collected at the same time
and in the same manner and as a part of the tax unless
the tax has been paid before the discovery of the neglect, in which case the amount so added shall be collected in the same manner as the tax. [ 1975 1st ex.s. c
278 § 140; 1961 c 15 § 83.56.280. Prior: 1941 c 119 §
18; Rem. Supp. 1941 § 11218-30.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
83.56.310 Rules and regulations. The department of
revenue shall prescribe and publish all needful rules
and regulations for the enforcement of this chapter.
[1975 1st ex.s. c 278 § 141; 1961c15 § 83.56.310. Prior:
1941 c 119 § 28; Rem. Supp. 1941 § 11218-40.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
83.56.320 Compromise or waiver of interest assessed.
The department of revenue may, for good cause shown,
compromise or waive any interest assessed under the
provisions of this chapter. [1975 1st ex.s. c 278 § 142;
1961 c 15 § 83.56.320. Prior: 1955 c 119 § I.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Construction-Severability-1975 lst ex.s. c 278: See notes following RCW 11.08.160.
83.56.270 Powers and duties of fiduciary. (I) Upon
notice to the department of revenue that any person is
acting in a fiduciary capacity such fiduciary shall assume the powers, rights, duties and privileges of the
donor in respect of a tax imposed by this chapter (except as otherwise specifically provided and except that
the tax shall be collected from the estate of the donor),
until notice is given that the fiduciary capacity has
terminated;
(2) Upon notice to the department of revenue that
any person is acting in a fiduciary capacity for a person
subject to the liability of the tax imposed under this
chapter, the said fiduciary shall assume on behalf of
such person, the powers, rights, duties, and all the privileges of such person (except, however, that the liability
shall be collected from the estate of such person), until
notice is given that the fiduciary capacity has
terminated;
(1975 RCW Supp--p 6581
Chapter 83.60
GIFTS OF POWERS OF APPOINTMENT
Sections
83.60.010
83.60.040
83.60.050
83.60.060
Definitions.
Donee to give notice of exercise, termination of power-Liability for failure.
Bond or security for payment of tax-Alternatives.
Refund of excess payment of tentative tax.
83.60.010 Definitions. As used in this chapter:
"D_onor " means any person who creates a power of
appointment.
"Donee" means any person given the power to exercise the appointment.
"Prop_erty" means any property subject to the power
of appointment which is within the jurisdiction of this
state.
"Trustee" means any person, including a donee, who
holds the property or the title thereto in trust or
otherwise.
Chapter 84.08
Powers And Duties of Department of Revenue
"Ultimate beneficiary" means any person who becomes entitled to the property through exercise of the
power, or by reason of nonexercise of the power, or by
reason of renouncement of the power by the donee, or
by reason of renouncement or waiver by the person appointed to receive the property.
"Greatest possible tax" means a tentative tax computed on an assumed devolution of the property to an
ultimate beneficiary within the limitations of the power,
who would be taxable at the highest rates provided by
the gift tax laws of this state.
"Final tax" means the tax determined under the gift
tax laws of this state when the power is exercised or
terminated.
"Due date" means the fifteenth day of March following the close of the calendar year in which any gift is
made.
"Department" means the department of revenue of
this state. [1975 1st ex.s. c 278 § 143; 1961 c 15 § 83.60.010. Prior: 1951 c 185 § 10. Formerly RCW 83.56.031.)
by the department of revenue through foreclosure proceedings. Any bond executed by the trustee as above
provided shall not be released or exonerated without
written consent of the department of revenue. [1975 1st
ex.s. c 278 § 145; 1961 c 15 § 83.60.050. Prior: 1951 c
185 § 14. Formerly RCW 83.56.035.]
Construction--Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
83.60.060 Refund of excess payment of tentative tax.
In the event any' tentative tax paid as provided heretofore is determined to be in excess of the final tax, a refund for the excess shall be granted by the department
of revenue, without interest. [1975 1st ex.s. c 278 § 146;
1961c15 § 83.60.060. Prior: 1951c185 § 15. Formerly
RCW 83.56.036.)
Construction--Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Construction-Severabillty-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Title 84
PROPERTY TAXES
83.60.040 Donee to give notice of exercise, termination of power--Liability for failure. Upon the exercise
or termination of the power, prior to furnishing the
bond or other security for the tax as hereinafter provided, it shall be the duty of the donee to immediately notify the department of revenue thereof, together with
the name and address of the ultimate beneficiary and
his relationship to the donor. If the donee fails to so
notify the department of revenue, which failure results
in loss of tax, he shall be liable for such tax. [ 1975 I st
ex.s. c 278 § 144; 1961 c 15 § 83.60.040. Prior: 1951 c
185 § 13. Formerly RCW 83.56.034.)
Construction-Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
83.60.050 Bond or security for payment of tax-Alternatives. Unless the greatest possible tax is paid in
full on or before the due date, a surety company bond
shall be executed in favor of the state of Washington by
the trustee and filed with the department of revenue,
which bond shall be binding on his successors or representatives in an amount equal to the greatest possible
tax, conditioned that upon the exercise or termination
of the power the department of revenue will be notified
and the final tax paid in full: Provided, That the trustee
may elect to pay a tentative tax based on the probabilities of devolution of the property, and file a bond only
for the difference between the tentative tax paid and the
greatest possible tax. The department, in its discretion,
may accept other adequate security in lieu of any bond
or payment of tax. If at any time the department has
cause to believe that the bond or security furnished is
inadequate to insure payment of the final tax, it may
require such further security from the remaining property as it deems necessary. If the trustee fails or refuses
to pay such tax, or furnish a bond or adequate security,
the greatest possible tax shall immediately become due
and payable, and may be enforced against the property
Chapters
84.08 General powers and duties of department of
revenue.
84.10 Property tax committee.
84.12 Assessment and taxation of public utilities.
84.16 Assessment and taxation of private car
companies.
84.24 Reassessment of property.
84.28 Reforestation lands.
84.36 Exemptions.
84.38 Deferral of special assessments and/ or property
taxes.
84.40 Listing of property.
84.41 Revaluation of property.
84.44 Taxable situs.
84.48 Equalization of assessments.
84.52 Levy of taxes.
84.56 Collection of taxes.
84.68 Recovery of taxes paid or property sold for
taxes.
84.69 Refunds.
84.70 Destroyed property--Abatement or refund.
84.72 Federal payments in lieu of taxes.
Chapter 84.08
GENERAL POWERS AND DUTIES OF
DEPARTMENT OF REVENUE
Sections
84.08.010
84.08.020
84.08.040
84.08.060
84.08.070
84.08.080
Powers of department of revenue----General supervision-Rules and processes-Visitation of
counties.
Additional powers-To advise county and local officers-Books and blanks--Reports.
Additional powers--To keep valuation recordsAccess to files of other public offices.
Additional powers-Power over county boards of
equalization-Reconvening.
Rules and regulations authorized.
Department to decide questions of interpretation.
(1975 RCW Supp--p 6591
Chapter 84.08
84.08.090
84.08.110
84.08.120
84.08.130
84.08.140
84.08.190
Title 84:
Biennial reports~Drafts of legislative bills.
Department to compile tax laws.
Duty to obey orders of department of revenue.
Appeals from county board of equalization to board of
tax appeals.
Appeals from lev) of taxing district to department of
revenue.
Assessors to meet with department of revenue.
84.08.010 Powers of department of revenue-General supervision--Rules and processes--Visitation of counties. The department of revenue shall:
(I) Exercise general supervision and control over the
administration of the assessment and tax laws of the
state .. ov.er county assessors, and county boards of
equahzat10n, and over boards of county commissioners,
county treasurers and county auditors and all other
county officers, in the performance of their duties relating t.o ta~ation, and perform any act or give any order
or d1rect1on to any county board of equalization or to
any county assessor or to any other county officer as to
the valuation of any property, or class or classes of
property in any county, township, city or town, or as to
any other matter relating to the administration of the
assessment and taxation laws of the state, which, in the
department's judgment may seem just and necessary, to
the end that all taxable property in this state shall be
listed upon the assessment rolls and valued and assessed according to the provisions of law, and equalized
between persons, .firms, companies and corporations,
and between the different counties of this state, and betwee11: the differe~t taxing units and townships, so that
equality of taxation and uniformity of administration
shall be secured and all taxes shall be collected according to the provisions of law.
(2) Formulate such rules and processes for the assessment of both real and personal property for purposes of taxation as are best calculated to secure
uniform assessment of property of like kind and value
in the various taxing units of the state, and relative uniformity between properties of different kinds and values
in the same taxing unit. The department of revenue
shall furnish to each county assessor a copy of the rules
and processes so formulated. The department of revenue may, from time to time, make such changes in the
rules and processes so formulated as it deems advisable
to accomplish the purpose thereof, and it shall inform
all county assessors of such changes.
(3) Visit the ~ountie~ in the state, unless prevented by
necessary official duties, for the investigation of the
methods adopted by the county assessors and county
boards of commissioners in the assessment and equalization of taxation of real and personal property; carefully .exaf!line into all cases where evasion of property
taxat10n 1.s alleg~d, and ascertain where existing laws
are defective, or improperly or negligently administered.
[1975 1st ex.s. c 278 § 147; 1961 c 15 § 84.08.010. Prior:
1939 c 206 §§ 4, part and 5, part; 1935 c 127 § 1, part;
1931 c 15 § I, part; 1927 c 280 § 5, part; 1925 c 18 § 5,
part; 1921 c 7 §§ 50, 53; 1907 c 220 § I, part; 1905 c
115 § 2, part; RRS §§ 11091 (first), part and 11091
(second), part.]
(1975 RCW Supp--p 6601
Property Taxes
Construction-Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.08.020 Additional powers--To advise county
and local officers--Books and blanks--Reports. Th~
department of revenue shall:
(I) Confer with, advise and direct assessors, boards of
equalization, county boards of commissioners, county
treasur~rs, county auditors and all other county and
township officers as to their duties under the law and
statutes of the state, relating to taxation, and direct
what proceedings, actions or prosecutions shall be insti~uted to support the law relating to the penalties, liabilities and punishment of public officers, persons, and
officers or agents of corporations for failure or neglect
to comply with the provisions of the statutes governing
the return, assessment and taxation of property, and the
collect10n of taxes, and cause complaint to be made
against. any of such public officers in the proper county
for thelf removal from office for official misconduct or
neglect of duty. In the execution of these powers and
duties the said department or any member thereof may
call upon pro~ec~ting attorneys or the attorney general,
who shall .assist m the commencement and prosecution
for p~nal~1es and forfeiture, liabilities and punishments
for violations of the laws of the state in respect to the
assessment and taxation of property.
(2) Prescribe all forms of books and blanks to be
used in the assessment and collection of taxes, and
change such forms when prescribed by law, and recommend to the l~gislature such changes as may be deemed
most economical to the state and counties, and such
recommen~ation. shall be accompanied by carefully
prepared bill or bills for this end.
. (3) Re.quire county, city and town officers to report
mformation as to assessments of property, equalization
of taxes, the exp~nditure of public funds for all purposes, and other mformation which said department of
revenue may request. [1975 1st ex.s. c 278 § 148; 1961 c
15 § 84.08.020. Prior: 1939 c 206 § 5, part; 1935 c 127 §
1, part; 1921 c 7 §§ 50, 53; 1907 c 220 § 1, part; 1905 c
115 § 2, part; RRS § 11091 (second), part.]
c.onstruction--Severability--1975 1st ex.s. c 278: See notes followmg RCW 11.08.160.
84.08.040 Additional powers--To keep valuation
records--Access to files of other public offices. The
department of revenue shall secure, tabulate, and keep
records of valuations of all classes of property throughout the state, and for that purpose, shall have access to
all records and files .o~ state offices and departments
and .county and municipal offices and shall require all
publ.1c officers and employees whose duties make it
possible to ascer~ain va.luations, including valuations of
property of pubhc service corporations for rate making
P~~poses to file reports with the department of revenue,
givmg such information as to such valuation and the
source thereof: Provided, That the nature and kind of
the tabula~ions, records of valuation and requirements
from pubhc officers, as stated herein, shall be in such
form, and cover such valuations, as the department of
revenue shall prescribe. [1975 1st ex.s. c 278 § 149; 1961
Powers And Duties of Department of Revenue
c 15 § 84.08.040. Prior: 1939 c 206 § 4, part; 1931 c 15 §
1, part; 1927 c 280 § 5, part; 1925 c 18 § 5, part; 1921 c
7 §§ 50, 53; RRS § 11091 (first), part.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.08.060 Additional powers--Power over county
boards of equalization--Reconvening. The department
of revenue shall have power to direct and to order any
county board of equalization to raise or lower the valuation of any taxable property, or to add any property to
the assessment list, or to perform or complete any other
duty reqll:ired by statute. The department of revenue
may reqmre any such board of equalization to recon~ene after its adjourm?ent for the purpose of performing any order or reqmrement made by the department
of revenue and may make such orders as it shall determi?e to be just and necessary. The department may reqmre any county board of equalization to reconvene at
any time for the. purpose of performing or completing
any duty or taking any action it might lawfully have
performed or takei:i at any of its previous regular July,
~o~ember or ~pnl meetings. If such board of equal1zatlon shall fail or ~efuse forthwith to comply with any
such order or reqmrement of the department of revenue, the department of revenue shall have power to take
any other appropriate action, or to make such correction or change in the assessment list, and such corrections a~d changes shall be a part of the record of the
proceedings of the said board of equalization: Provided,
That in all cases where the department of revenue shall
raise the valuati~n o~ any property or add property to
the as~essment .hst, it shall give notice either for the
~am.e time and in the same manner as is now required
m hke cases of county boards of equalization, or if it
~hall dee~ such. method of giving notice impracticable
It shall give notl~e by i:mblic~ti?n thereof in a newspaper of general Circulat10n within the county in which
the property affected is situated once each week for two
consecutive weeks, and the department of revenue shall
not proceed to raise such valuation or add such property to the assessment list until a period of five days shall
~ave elapsed su~sequent to the date of the last publicat10i:i ~f such notice. Such notice shall give the legal descnpt10n of each tract of land involved, or a general
description in case of personal property; the tax recordowner thereof; the assesse~ v~lue .thereof determined by
the county board of equahzatlon in case the property is
on the assessment roll; and the assessed value thereof as
determined by the department of revenue and shall
state that the department of revenue proposes to increase the assessed valuation of such property to the
amount stated and to add such property to the assessment list. at the assessed valuation stated. The necessary
expense incurred by the department of revenue in making such reassessment and/or adding such property to
the assessment list shall be borne by the county or
township in which the property as reassessed and/ or so
added to the assessment list is situated and shall be
paid out of the proper funds of such county upon the
order of the department of revenue. [1975 1st ex.s. c 278
§ 150; 1961 c 15 § 84.08.060. Prior: 1939 c 206 § 4,
84.08.090
part; 1931c15 §I, part; 1927 c 280 § 5, part; 1925 c 18
§ 5, part; 1921 c 7 §§ 50, 53; RRS § 11091 (first), part.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.08.070 Rules and regulations authorized. The department of revenue shall make such rules and regulat10ns as may . be necessary to carry out the powers
granted by this chapter, and for conducting hearings
and other proceedings before it. [ 1975 I st ex.s. c 278 §
151; 1961 c 15 § 84.08.070. Prior: 1939 c 206 § 4, part;
1931 c 15 § 1, part; 1927 c 280 § 5, part; 1925 c 18 § 5,
part; 1921 c 7 §§ 50, 53; RRS § 11091 (first), part.
FORMER PART OF SECTION: 1935 c 123 § 18 now
codified as RCW 84.12.390.]
Coustructioo-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.08.080 Department to decide questions of interpret.ation. The department of revenue shall, with the
advice ?f t?e attorney general, decide all questions that
may anse in reference to the true construction or interpretation of this title, or any part thereof, with reference
to the p~~ers and duties of taxing district officers, and
such dec1s10n shall have force and effect until modified
or annulled by the judgment or decree of a court of
competent jurisdiction. [1975 1st ex.s. c 278 § 152; 1961
c 15 § 84.08.080. Prior: 1925 ex.s. c 130 § 111; 1897 c 71
§ 92; 1895 c 176 § 20; 1893 c 124 § 95; RRS § 11272.]
Coustruction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
. 84.08.090 Biennial reports--Drafts of legislative
bills: ~e department of revenue shall make diligent investigation concerning the revenue laws and systems of
other states and countries, so far as the same may be
known by reports and statistics and can be ascertained
by correspondence, and with the aid of information
thu.s obtained, together with the experience and observation of our own laws and the operation thereof, reco.mmend to the governor, in a biennial report at least
sixty days before the meeting of the legislature, such
amendments, changes and modification of our revenue
laws .as seem. l?ro~er and .requisite to remedy injustice
and Irregulantles in taxat10n, and to facilitate the assessment and collection of public revenue in the most
economical manner. All such recommendations shall be
~ccompanied by suitable bill or bills necessary to carry
into effect such recommendations. This report shall also
show in tabulated form the whole amount of taxes collected in the state for all purposes, classified as state
county and municipal, with the sources thereof, th~
amount l.os~, the cause of t.he loss ~nd such other pertinent statistics,. matter and information concerning revenue and taxation as may be deemed of public interest.
[1975 1st ex.s. c 278 § 153; 1961 c 15 § 84.08.090. Prior:
1905 c 115 § 4; No RRS.]
~oustruction-8everability-1975
1st ex.s. c 278: See notes fol-
lowmg RCW 11.08.160.
(1975 RCW Supp--p 661)
84.08.110
Title 84:
84.08.110 Department to compile tax laws. The department of revenue shall compile the laws of this state
relating to assessment and collection of taxes, with such
annotations. instructions and references to the decisions
of the courts concerning the same as it may deem
proper. It shall cause the same to be printed and distributed to the several county assessors, deputy county
assessors, prosecuting attorneys, county commissioners,
in the state, and to such other officers and persons as
may request the same. [1975 1st ex.s. c 278 § 154; 1961
c 15 § 84.08.110. Prior: 1907 c 220 § 3; RRS § 11096.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.08.120 Duty to obey orders of department of revenue. It shall be the duty of every public officer to
comply with any lawful order, rule or regulation of the
department of revenue made under the provisions of
this title, and whenever it shall appear to the department of revenue that any public officer or employee
whose duties relate to the assessment or equalization of
assessments of property for taxation or to the levy or
collection of taxes has failed to comply with the provisions of this title or with any other law relating to such
duties or the rules of the department made in pursuance
thereof, the department after a hearing on the facts may
issue its order directing such public officer or employee
to comply with such provisions of law or of its rules,
and if such public officer or employee for a period of
ten days after service on him of the department's order
shall neglect or refuse to comply therewith, the department of revenue may apply to a judge of the superior
court or court commissioner of the county in which said
public officer or employee holds office for an order returnable within five days from the date thereof to compel such public officer or employee to comply with such
provisions of law or of the department's order, or to
show cause why he should not be compelled so to do,
and any order issued by the judge pursuant thereto
shall be final. The remedy herein provided shall be cumulative and shall not exclude the department of revenue from exercising any power or rights otherwise
granted. [1975 1st ex.s. c 278 § 155; 1961 c 15 § 84.08.120. Prior: 1939 c 206 § 7; 1927 c 280 § 12; 1925 c 18 §
12; RRS § 11102.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.08.130 Appeals from county board of equalization
to board of tax appeals. Any taxpayer or taxing unit
feeling aggrieved by the action of any county board of
equalization may appeal to the board of tax appeals by
filing with the county auditor a notice of appeal in duplicate within ten days after the action of such board of
equalization, which notice shall specify the actions
complained of, and said auditor shall forthwith transmit
one of said notices to the board of tax appeals; and in
like manner any county assessor may appeal to the
board of tax appeals from any action of any county
board of equalization. The board of tax appeals shall
require the board appealed from to certify the minutes
(1975 RCW Supp--p 662)
Property Taxes
of its proceedings resulting in such action and all evidence taken in connection therewith, and may receive
further evidence, and shall make such order as in its
judgment is just and proper. [1975 1st ex.s. c 278 § 156;
1961 c 15 § 84.08.130. Prior: 1939 c 206 § 6; 1927 c 280
§ 6; 1925 c 18 § 6; RRS § 11092.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.08.140 Appeals from levy of taxing district to department of revenue. Any taxpayer feeling aggrieved by
the levy or levies of any taxing district except levies authorized by a vote of the people of the district may appeal therefrom to the department of revenue as
hereinafter provided. Such taxpayer, upon the execution
of a bond, with two or more sufficient sureties to be
approved by the county auditor, payable to the state of
Washington, in the penal sum of two hundred dollars
and conditioned that if the petitioner shall fail in his
appeal for a reduction of said levy or levies he will pay
the taxable costs of the hearings hereinafter provided,
not exceeding the amount of such bond, may file a
written complaint with the county auditor wherein such
taxing district is located not later than ten days after
the making and entering of such levy or levies, setting
forth in such form and detail as the department of revenue shall by general rule prescribe, his objections to
such levy or levies. Upon the filing of such complaint,
the county auditor shall immediately transmit a certified copy thereof, together with a copy of the budget or
estimates of such taxing district as finally adopted, including estimated revenues and such other information
as the department of revenue shall by rule require, to
the department of revenue. The department of revenue
shall fix a date for a hearing on said complaint at the
earliest convenient time after receipt of said record,
which hearing shall be held in the county in which said
taxing district is located, and notice of such hearing
shall be given to the officials of such taxing district,
charged with determining the amount of its levies, and
to the taxpayer on said complaint by registered mail at
least five days prior to the date of said hearing. At such
hearings all interested parties may be heard and the department of revenue shall receive all competent evidence. After such hearing, the department of revenue
shall either affirm or decrease the levy or levies complained of, in accordance with the evidence, and shall
thereupon certify its action with respect thereto to the
county auditor, who, in turn, shall certify it to the taxing district or districts affected, and the action of the
department of revenue with respect to such levy or levies shall be final and conclusive. [1975 1st ex.s. c 278 §
157; 1961c15 § 84.08.140. Prior: 1927 c 280 § 8; 1925 c
18 § 8; RRS § 11098.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.08.190 Assessors to meet with department of revenue. For the purpose of instruction on the subject of
taxation, the county assessors of the state shall meet
with the department of revenue at the capital of the
Assessment And Taxation of Public Utilities
state, or at such place within the state as they may determine at their previous meeting, on the second Monday of October of each year or on such other date as
may be fixed by the department of revenue. Each assessor shall be paid by the county of his residence his
actual expenses in attending such meeting, upon presentation to the county auditor of proper vouchers.
[1975 !st ex.s. c 278 § 158; 1961 c 15 § 84.08.190. Prior:
1939 c 206 § 16, part; 1925 ex.s. c 130 § 57, part; 1911 c
12 § I; RRS § 11140, part.]
Construction-Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Chapter 84.10
PROPERTY TAX COMMITTEE
Section
84.10.010
Repealed. (Effective January 1, 1978.)
84.10.010 Repealed. (Effective January 1, 1978.)
See Supplementary Table of Disposition of Former
RCW Sections, this volume.
Chapter 84.12
ASSESSMENT AND T AXA TI ON OF PUBLIC
UTILITIES
Sections
84.12.200
84.12.220
84.12.230
84.12.240
84.12.250
84.12.260
84.12.270
84.12.300
84.12.310
84.12.330
84.12.340
84.12.360
84.12.370
84.12.390
Definitions.
Jurisdiction to determine operating, nonoperating
property.
Annual reports to be filed.
Access to books and records.
Depositions may be taken.
Default valuation by department of revenue-Penalty-Estoppel.
Annual assessment-Sources of information.
Valuation of interstate utility-Apportionment of system value to state.
Deduction of nonoperating property.
Assessment roll--Notice of valuation.
Hearings on assessment, time and place of.
Basis of apportionment.
Certification to county assessors-Entry upon tax
rolls.
Rules and regulations.
84.12.200 Definitions. For the purposes of this
chapter and unless otherwise required by the context:
(I) "Department" without other designation means
the department of revenue of the state of Washington.
(2) "Railroad company" shall mean and include any
person owning or operating a railroad, street railway,
suburban railroad or interurban railroad in this state,
whether its line of railroad be maintained at the surface,
or above or below the surface of the earth, or by whatever power its vehicles are transported; or owning any
station, depot, terminal or bridge for railroad purposes,
as owner, lessee or otherwise.
(3) "Motor vehicle transportation company" shall
mean and include any person owning, controlling, operating or managing real or personal property, used or
to be used for or in connection with or to facilitate the
conveyance and transportation of persons and/or property by motor propelled vehicles over any public street
and/or highway in this state, between fixed termini or
84.12.200
over a regular route, and engaged in the business of
transporting persons and/or property for compensation
as owner, lessee or otherwise.
(4) "Airplane company" shall mean and include any
person owning, controlling, operating or managing real
or personal property, used or to be used for or in connection with or to facilitate the conveyance and transportation of persons and/or property by aircraft, and
engaged in the business of transporting persons and/ or
property for compensation, as owner, lessee or
otherwise.
(5) "Electric light and power company" shall mean
and include any person owning, controlling, operating
or managing real or personal property, used or to be
used for or in connection with or to facilitate the generation, transmission or distribution of electricity in this
state, and engaged in the business of furnishing, transmitting, distributing or generating electrical energy for
light, heat or power for compensation as owner, lessee
or otherwise.
(6) "Telegraph company" shall mean and include any
person owning, controlling, operating or managing any
telegraph or cable line in this state, with appliances for
the transmission of messages, and engaged in the business of furnishing telegraph service for compensation,
as owner, lessee or otherwise.
(7) "Telephone company" shall mean and include
any person owning, controlling, operating or managing
real or personal property, used or to be used for or in
connection with or to facilitate the transmission of
communication by telephone in this state through
owned or controlled exchanges and/or switchboards,
and engaged in the busine.ss of furnishing telephonic
communication for compensation as owner, lessee or
otherwise.
(8) "Gas company" shall mean and include any person owning, controlling, operating or managing real or
personal property, used or to be used for or in connection with or to facilitate the manufacture, transportation, or distribution of natural or manufactured gas in
this state, and engaged for compensation in the business
of furnishing gas for light, heat, power or other use, as
owner, lessee or otherwise.
(9) "Pipe line company" shall mean and include any
person owning, controlling, operating or managing real
or personal property, used or to be used for or in connection with or to facilitate the conveyance or transportation of oils, natural or manufactured gas and/or
other substances, except water, by pipe line in this state,
and engaged in such business for compensation, as
owner, lessee or otherwise.
(10) "Water company" shall mean and include any
person owning, controlling, operating or managing real
or personal property, used or to be used for or in connection with or to facilitate the supply, storage, distribution, diversion or carriage of water in this state, and
engaged in the business of furnishing water for power,
irrigation, manufacturing, domestic or other uses for
compensation, as owner, lessee or otherwise.
(11) "Heating company'' shall mean and include any
person owning, controlling, operating or managing real
(1975 RCW Supp---p 6631
84.12.200
Title 84:
or personal property, used or to be used for or in connection with or to facilitate the generation and/or distribution of steam or hot water for heat, power,
manufacturing or other purposes in this state, and engaged principally in business of furnishing, distributing,
supplying or generating steam or hot water for heat,
power, manufacturing or other purposes for compensation, as owner, lessee or otherwise.
(12) "Toll bridge company" shall mean and include
any person owning, controlling, operating, or managing
real or personal property, used for or in connection
with or to facilitate the conveyance or transportation of
persons and/ or property over a bridge or bridge approach over any stream, river or body of water within,
or partly within this state, and operated as a toll bridge
for compensation, as owner, lessee, or otherwise.
( 13) "Steamboat company" shall mean and include
any person owning, controlling, operating or managing
real or personal property, used or to be used for or in
connection with or to facilitate the conveyance and
transportation of persons and/or property by vessel or
ferry, upon the waters within this state, including the
rivers and lakes and Puget Sound, between fixed termini
or over a regular route, and engaged in the business of
transporting persons and/or property for compensation
as owner, lessee or otherwise.
(14) "Logging railroad company" shall mean and include any person owning, controlling, operating or
managing real or personal property, used or to be used
for or in connection with or to facilitate the conveyance
and transportation of forest products by rail in this
state, and engaged in the business of transporting forest
products either as private carrier or carrier for hire.
(15) "Person'' shall mean and include any individual,
firm, copartnership, joint venture, association, corporation, trust, or any other group acting as a unit, whether
mutual, cooperative or otherwise, and/or trustees or receivers appointed by any court.
(16) "Company" shall mean and include any railroad
company, motor vehicle transportation company, airplane company, electric light and power company, telegraph company, telephone company, gas company, pipe
line company, water company, heating company, toll
bridge company, steamboat company, or logging railroad company; and the term "companies" shall mean
and include all of such companies.
(17) "Operating property" shall mean and include all
property, real and personal, owned by any company, or
held by it as occupant, lessee or otherwise, including all
franchises and lands, buildings, rights-of-way, water
powers, motor vehicles, wagons, horses, aircraft, aerodromes, hangars, office furniture, water mains, gas
mains, pipe lines, pumping stations, tanks, tank farms,
holders, reservoirs. telephone lines, telegraph lines,
transmission and distribution lines, dams, generating
plants, poles, wires, cables, conduits, switch boards, devices, appliances, instruments, equipment, machinery,
vessels, ferries, landing slips, docks, roadbeds, tracks,
terminals, rolling stock equipment, appurtenances and
all other property of a like or different kind, situate
within the state of Washington, used by the company in
the conduct of its operations; and, in case of personal
11975 RCW Supp--p 664)
Property Taxes
property used partly within and partly without the state,
it shall mean and include a proportion of such personal
property to be determined as in this chapter provided.
(18) "Nonoperating property" shall mean all physical
property owned by any company, other than that used
during the preceding calendar year in the conduct of its
operations. It shall include all lands and/or buildings
wholly used by any person other than the owning company. In cases where lands and/or buildings are used
partially by the owning company in the conduct of its
operations and partially by any other person not assessable under this chapter under lease, sublease, or
other form of tenancy, the operating and nonoperating
property of the company whose property is assessed
hereunder shall be determined by the department of
revenue in such manner as will, in its judgment, secure
the separate valuation of such operating and nonoperating property upon a fair and equitable basis. The
amount of operating revenue received from tenants or
occupants of property of the owning company shall not
be considered material in determining the classification
of such property. [1975 1st ex.s. c 278 § 159; 1961c15 §
84.12.200. Prior: 1935 c 123 § I; 1925 ex.s. c 130 § 36;
1907 c 131 § 2; 1907 c 78 § 2; RRS § 11156-1. Formerly RCW 84.12.010 and 84.12.020, part.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.16().
84.12.220 Jurisdiction to determine operating, nonoperating property. In all matters relating to assessment
and taxation the department of revenue shall have jurisdiction to determine what is operating property and
what is nonoperating property. [1975 1st ex.s. c 278 §
160; 1961 c 15 § 84.12.220. Prior: 1935 c 123 § 2; RRS
§ 11156-2. Formerly RCW 84.12.020, part.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.12.230 Annual reports to be filed. Each company
doing business in this state shall annually on or before
the 15th day of March, make and file with the department of revenue an annual report, in such manner,
upon such form, and giving such information as the department may direct. At the time of making such report
each company shall also be required to furnish to the
department the annual reports of the board of directors,
or other officers to the stockholders of the company,
duplicate copies of the annual reports made to the interstate commerce commission and to the utilities and
tra11:sportation commission of this state and duplicate
copies of such other reports as the department may direct. [1975 1st ex.s. c 278 § 161; 1961 c 15 § 84.12.230.
Prior: 1935 c 123 § 3; 1925 ex.s. c 130 § 39; 1907 c 131
§ 5; 1907 c 78 § 5; 1897 c 71 § 40; 1893 c 124 § 40;
1891 c 140 § 27; 1890 p 541 § 27; RRS § 11156-3. Formerly RCW 84.12.030.]
Construction-8everability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.12.240 Access to books and records. The department of revenue shall have access to all books, papers,
documents, statements and accounts on file or of record
Assessment And Taxation of Public Utilities
in any of the departments of the state; and it shall have
the power to issue subpoenas, signed by the director of
the department or any duly authorized employee and
served in a like manner as a subpoena issued from
courts of record, to compel witnesses to appear and give
evidence and to produce books and papers. The director of the department or any employee officially designated by the department is authorized to administer
oaths to witnesses. The attendance of any witness may
be compelled by attachment issued out of any superior
court upon application to said court by the director or
any duly authorized employee of the department, upon
a proper showing that such witness . has been duly
served with a subpoena and has refused to appear before the said department. In case of the refusal of a
witness to produce books, papers, documents, or accounts, or to give evidence on matters material to the
hearing, the department may institute proceedings in
the proper superior court to compel such witness to testify or to produce such books or papers, and to punish
him for such failure or refusal. All process issued by the
department shall be served by the sheriff of the proper
county or by a duly authorized agent of the department
and such service, if made by the sheriff, shall be certified by him to the department of revenue without any
compensation therefor. Persons appearing before the
department in obedience to a subpoena shall receive the
same compensation as witnesses in the superior court.
The records, books, accounts and papers of each company shall be subject to visitation, investigation or examination by the department, or any employee thereof
officially designated by the department. All real and/or
personal property of any company shall be subject to
visitation, investigation, examination and/or listing at
any and all times by the department, or any person officially designated by the director. [1975 1st ex.s. c 278 §
162; 1973 c 95 § 9; 1961 c 15 § 84.12.240. Prior: 1935 c
123 § 4; 1925 ex.s. c 130 § 37; 1907 c 131 § 3; 1907 c 78
§ 3; RRS § 11156-4. Formerly RCW 84.12.080.]
84.12.300
property requested by the department of revenue, or
shall refuse or neglect to appear before the department
of revenue in obedience to a subpoena, the department
of revenue shall inform itself to the best of its ability of
the matters required to be known, in order to discharge
its duties with respect to valuation and assessment of
the property of such company, and the department shall
add to the value so ascertained twenty-five percent as a
penalty for such failure or refusal and such company
shall be estopped to question or impeach the assessment
of the department in any hearing or proceeding thereafter. [1975 1st ex.s. c 278 § 164; 1961 c 15 § 84.12.260.
Prior: 1935 c 123 § 6; 1925 ex.s. c 130 § 41; 1907 c 131
§ 7; 1907 c 78 § 6; 1891 c 140 § 37; 1890 p 544 § 36;
RRS § 11156-6. Formerly RCW 84.12.100.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.12.250 Depositions may be taken. The department of revenue, in any matter material to the valuation, assessment or taxation of the operating property of
any company, may cause the deposition of witnesses
residing without the state or absent therefrom, to be
taken upon notice to the company interested in like
manner as the depositions of witnesses are taken in civil
actions in the superior court. [1975 1st ex.s. c 278 § 163;
1961 c 15 § 84.12.250. Prior: 1935 c 123 § 5; 1925 ex.s. c
130 § 38; 1907 c 131 § 4; 1907 c 78 § 4; RRS §
11156-5. Formerly RCW 84.12.090.]
84.12.270 Annual assessment--Sources of information. The department of revenue shall annually make
an assessment of the operating property of all companies; and between the fifteenth day of March and the
first day of July of each of said years shall prepare an
assessment roll upon which it shall enter and assess the
true cash value of all the operating property of each of
such companies as of the first day of January of the
year in which the assessment is made. For the purpose
of determining the true cash value of such property the
department of revenue may inspect the property belonging to said companies and may take into consideration any information or knowledge obtained by it from
such examination and inspection of such property, or of
the books, records and accounts of such companies, the
statements filed as required by this chapter, the reports,
statements or returns of such companies filed in the
office of any board, office or commission of this state or
any county thereof, the earnings and earning power of
such companies, the franchises owned or used by such
companies, the assessed valuation of any and all property of such companies, whether operating or nonoperating property, and whether situated within or outside
the state, and any other facts, evidence or information
that may be obtainable bearing upon the value of the
operating property: Provided, That in no event shall
any statement or report required from any company by
this chapter be conclusive upon the department of revenue in determining the amount, character and true
cash value of the operating property of such company.
[1975 1st ex.s. c 278 § 165; 1961 c 15 § 84.12.270. Prior:
1939 c 206 § 19; 1935 c 123 § 7; 1925 ex.s. c 130 § 43;
1907 c 131 § 8; 1907 c 78 § 7; 1891 c 140 §§ 28-31;
1890 p 541 §§ 26-33; RRS § 11156-7. Formerly RCW
84.12.040.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.12.260 Default valuation by department of revenue-Penalty--Estoppel. If any company, or any of
its officers or agents shall refuse or neglect to make any
report required by this chapter, or by the department of
revenue, or shall refuse to permit an inspection and examination of its records, books, accounts, papers or
84.12.300 Valuation of interstate utility--Apportionment of system value to state. In determining the
value of the operating property within this state of any
company, the properties of which lie partly within and
partly without this state, the department of revenue
may, among other things, take into consideration the
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
(1975 RCW Supp---p 665)
84.12.300
Title 84:
value of the whole system as a unit. and for such purpose may determine, insofar as the same is reasonably
ascertainable, the salvage value, the actual cost new, the
cost of reproduction new less depreciation and plus appreciation. the par value, actual value and market value
of the company's outstanding stocks and bonds during
one or more preceding years. the past. present and prospective gross and net earnings of the whole system as a
unit.
In apportioning such system value to the state, the
department of revenue shall consider relative costs, relative reproduction cost, relative future prospects and
relative track mileage and the distribution of terminal
properties within and without the state and such other
matters and things as the department may deem
pertinent.
The department may also take into consideration the
actual cost, cost of reproduction new, and cost of reproduction new less depreciation, earning capacity and
future prospects of the property, located within the state
and all other matters and things deemed pertinent by
the department of revenue. [1975 1st ex.s. c 278 § 166;
1961 c 15 § 84.12.300. Prior: 1935 c 123 § 9; 1925 ex.s. c
130 § 44; 1907 c 78 § 8; RRS § 11156-9. Formerly
RCW 84.12.060.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.12.310 Deduction of non operating property. For
the purpose of determining the system value of the operating property of any such company, the department
of revenue shall deduct from the actual cash value of
the total assets of such company, the actual cash value
of all nonoperating property owned by such company.
For such purpose the department of revenue may require of the assessors of the various counties within this
state a detailed list of such company's properties assessed by them. together with the assessable or assessed
value thereof: Provided, That such assessed or assessable value shall be advisory only and not conclusive on
the department of revenue as to the value thereof. [ 1975
1st ex.s. c 278 § 167; 1961 c 15 § 84.12.310. Prior: 1935
c 123 § 10; RRS § 11156-10. Formerly RCW
84.12.070.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.12.330 Assessment roll--Notice of valuation.
Upon the assessment roll shall be placed after the name
of each company a general description of the operating
property of the company, which shall be considered
sufficient if described in the language of subdivision
(17) of RCW 84.12.200, as applied to said company,
following which shall be entered the actual cash value
of the operating property as determined by the department of revenue. No assessment shall be invalidated by
reason of a mistake in the name of the company assessed, or the omission of the name of the owner or by
the en tr\ as owner of a name other than that of the true
owner. When the department of revenue shall have prepared the assessment roll and entered thereon the actual cash value of the operating property of the company,
11975 RCW Supp--p 666)
Property Taxes
as herein required, it shall notify the company by mail
of the valuation determined by it and entered upon said
roll. [1975 1st ex.s. c 278 § 168; 1961 c 15 § 84.12.330.
Prior: 1935 c 123 § 12; 1925 ex.s. c 130 § 44; 1907 c 78
§ 8; 1891 c 140 § 35; 1890 p 543 § 35; RRS § 11156-12.
Formerly RCW 84.12.110.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.12.340 Hearings on assessment, time and place of.
At any time between the tenth and twenty-fifth days of
July, inclusive, following the making of the assessment,
every company shall be entitled on its own motion,
presented to the department of revenue before the tenth
day of July, to a hearing and to present evidence before
the department of revenue, relating to the value of its
operating property and to the value of other taxable
property in the counties in which its operating property
is situate. Upon request in writing for such hearing, the
department shall appoint a time and place therefor,
within the period aforesaid, the hearing to be conducted
in such manner as the department shall direct. Hearings
provided for in this section may be held at such times
and in such places throughout the state as the department may deem proper or necessary, may be adjourned
from time to time and from place to place and may be
conducted by the department of revenue or by such
member or members thereof as may be duly delegated
to act for it. Testimony taken before less than the entire
department of revenue shall be reported and a transcript thereof filed with the department of revenue prior
to its decision. [1975 lst ex.s. c 278 § 169; 1961 c 15 §
84.12.340. Prior: 1953 c 162 § 1; 1939 c 206 § 20; 1935 c
123 § 13; RRS § 11156-13. Formerly RCW 84.12.130.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.12.360 Basis of apportionment. The actual cash
value of the operating property assessed to a company,
as fixed and determined by the state board of equalization, shall be apportioned by the department of revenue
to the respective counties and to the taxing districts
thereof wherein such property is located in the following manner:
(I) Property of steam, suburban, and interurban railroad companies, telegraph companies and pipe line
companies--upon the basis of that proportion of the
value of the total operating property within the state
which the mileage of track, as classified by the department of revenue (in case of railroads), mileage of wire
(in the case of telegraph companies) and mileage of
pipe line (in the case of pipe line companies) within
each county or taxing district bears to the total mileage
thereof within the state, at the end of the calendar year
last past. For the purpose of such apportionment the
department may classify railroad track.
·
(2) Property of street railroad companies, motor vehicle transportation companies, telephone companies,
electric light and power companies, gas companies, water companies, heating companies and toll bridge companies--upon the basis of relative value of the
Private Car Companies
operating property within each county and taxing. di.strict to the value of the total operating property w1thm
the state to be determined by such factors as the department of revenue shall deem proper.
(3) Planes or other aircraft of airplane companies and
watercraft of steamboat companies--upon the basis
of such factor or factors of allocation, to be determined
by the department of revenue, as will secure a substantially fair and equitable division between counties and
other taxing districts.
All other property of airplane companies and steamboat companies--upon the basis set forth in subdivision (2) hereof.
The basis of apportionment with reference to all
public utility companies above prescribed shall not be
deemed exclusive and the department of revenue in apportioning values of such companies may also take into
consideration such other information, facts, circumstances, or allocation factors as will enable it to make a
substantially just and correct valuation of the operating
property of such companies within the state and within
each county thereof. [1975 !st ex.s. c 278 § 170; 1961 c
15 § 84.12.360. Prior: 1955 c 120 § l; 1935 c 123 § 15;
1925 ex.s. c 130 § 47; 1917 c 25 §· l; 1907 c 78 § 11;
1891 c 140 § 33; 1890 p 541 § 30; RRS § 11156-15.
Formerly RCW 84.12.150.]
Construction--Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.12.370 Certification to county assessors--Entry
upon tax rolls. When the state board of equalization
shall have determined the equalized assessed value of
the operating property of each company in each of the
respective counties and in the taxing districts thereof, as
hereinabove provided, the department of revenue shall
certify such equalized assessed value to the county assessor of the proper county. The county assessor shall
enter the company's real operating property upon the
real property tax rolls and the company's personal operating property upon the personal property tax rolls of
his county, together with the values so apportioned, and
the same shall be and constitute the assessed valuation
of the operating property of the company in such county and the taxing districts therein for that year, upon
which taxes shall be levied and collected in the same
manner as on the general property of such county.
[1975 1st ex.s. c 278 § 171; 1961c15 § 84.12.370. Prior:
1935 c 123 § 16; RRS § 11156-16. Formerly RCW
84.12.160.]
Construction--Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.12.390 Rules and regulations. The department of
revenue shall have the power to make such rules and
regulations, not inconsistent herewith, as may be convenient and necessary to enforce and carry out the provisions of this chapter. [1975 1st ex.s. c 278 § 172; 1961
c 15 § 84.12.390. Prior: 1935 c 123 § 18; RRS §
11156-18. Formerly RCW 84.08.070, part.]
Construction-Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.16.020
Chapter 84.16
ASSESSMENT AND T AXA TI ON OF PRIVATE
CAR COMPANIES
Sections
84.16.010
84.16.020
84.16.030
84.16.032
84.16.034
84.16.036
84.16.040
84.16.050
84.16.090
84.16.100
84.16.130
Definitions.
Annual statement of private car companies.
Annual statement of railroad companies.
Access to books and records.
Depositions may be taken, when.
Default valuation by department of revenue-Penalty-Estoppel.
Annual assessment--Sources of information.
Basis of valuation-Apportionment of system value to
state.
Assessment roll-Notice of valuation.
Hearings, time and place of.
Certification to county assessors-Apportionment to
taxing districts-Entry upon tax rolls.
84.16.010 Definitions. For the purposes of this
chapter and unless otherwise required by the context:
(1) The term "department" without other designation
means the department of revenue of the state of
Washington.
(2) The term "private car company" or "company"
shall mean and include any person, copartnership, association, company or corporation owning, controlling,
operating or managing stock cars, furniture cars, refrigerator cars, fruit cars, poultry cars, tank cars or any
other kind of cars, used for transportation of property,
by or upon railroad lines running in, into or through
the state of Washmgton when such railroad lines are
not owned or leased by such person, copartnership, association, company or corporation; or owning, controlling, operating or managing sleeping cars, parlor cars,
buffet cars, tourist cars or any other kind of cars, used
for transportation of persons by or upon railroads on
lines running in, into or through the state of
Washington, when such railroad lines are not owned or
leased by such person, copartnership, association, company or corporation and upon which an extra charge in
addition to the railroad transportation fare is made.
(3) The term "operating property'' shall mean and
include all rolling stock and car equipment owned by
any private car company, or held by it as occupant,
lessee or otherwise, including its franchises used and
reasonably necessary in carrying on the business of
such company; and in the case of rolling stock and car
equipment used partly within and partly without the
state, shall mean and include a proportion of such rolling stock and car equipment to be determined as in this
chapter provided; and all such property shall, for the
purposes of this chapter be deemed personal property.
[1975 1st ex.s. c 278 § 173; 1961 c 15 § 84.16.010. Prior:
1933 c 146 § l; RRS § 11172-1; prior: 1907 c 36 § l.]
Construction-Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.16.020 Annual statement of private car companies.
Every private car company shall annually on or before
the first day of May, make and file with the department
of revenue in such form and upon such blanks as the
department of revenue may provide and furnish, a
statement, for the year ending December thirty-first
(1975 RCW Supp---p 667)
8-U6.020
Title 84:
next preceding. under the oath of the president. secretary. treasurer. superintendent or chief officer of such
company. containing the following facts:
(I) The name of the company, the nature of the business conducted by the company, and under the laws of
what state or country organized; the location of its
principal office; the name and post office address of its
president. secretary, auditor, treasurer, superintendent
and general manager; the name and post office address
of the chief officer or managing agent or attorney in
fact in Washington.
(2) The total number of cars of every class used in
transacting business on all lines of railroad, within the
state and outside the state; together with the original
cost and the fair average value per car of all cars of
each of such classes.
(3) The total number of miles of railroad main track
over which such cars were used within this state and
within each county in this state.
(4) The total number of car miles made by all cars on
each of the several lines of railroad in this state, and the
total number of car miles made by all cars on all railroads within and without the state during the year.
(5) A statement in detail of the entire gross receipts
and net earnings of the company during the year within
the state and of the entire system, from all sources.
(6) Such other facts or information as the department
of revenue may require in the form of return prescribed
by it.
The department of revenue shall have power to prescribe directions, rules and regulations to be followed in
making the report required herein. [ 1975 I st ex.s. c 278
§ 174; 1961 c 15 § 84.16.020. Prior: 1933 c 146 § 2;
RRS § 11172-2; prior: 1907 c 36 § 2.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.16.030 Annual statement of railroad companies.
The president or other officer of every railroad company whose lines run in, into or through this state, shall,
on or before the first day of April in each year, furnish
to the department of revenue a statement, verified by
the affidavit of the officer making the same, showing as
to every private car company respectively, the name of
the company, the class of car and the total number of
miles made by each class of cars, and the total number
of miles made by all cars on its lines. branches, sidings,
spurs or warehouse tracks, within this state during the
year ending on the thirty-first day of December next
preceding. [1975 1st ex.s. c 278 § 175; 1961 c 15 § 84.16.030. Prior: 1933 c 146 § 3; RRS § 11172-3.]
Construction-Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.16.032 Access to books and records. The department of revenue shall have access to all books, papers,
documents, statements and accounts on file or of record
in any of the departments of the state; and shall have
the power. by summons signed by director and served
in a like manner as a subpoena issued from courts of
record. to compel witnesses to appear and give evidence
and to produce books and papers. The director or any
(1975 RCW Supp---p 6681
Property Taxes
employee officially designated by the director is authorized to administer oaths to witnesses. The attendance of
any witness may be compelled by attachment issued out
of any superior court upon application to said court by
the department, upon a proper showing that such witness has been duly served with a summons and has refused to appear before the said department. In case of
the refusal of a witness to produce books, papers, documents or accounts or to give evidence on matters material to the hearing, the department may institute
proceedings in the proper superior court to compel such
witness to testify, or to produce such books or papers
and to punish him for the refusal. All summons and
process issued by the department shall be served by the
sheriff of the proper county and such service certified
by him to the department of revenue without any compensation therefor. Persons appearing before the department in obedience to a summons, shall, in the
discretion of the department, receive the same compensation as witnesses in the superior court. The records,
books, accounts and papers of each company shall be
subject to visitation, investigation or examination by the
department, or any employee thereof officially designated by the director. All real and/or personal property
of any company shall be subject to visitation, investigation, examination and/or listing at any and all times by
the department, or any person employed by the department. [1975 1st ex.s. c 278 § 176; 1973 c 95 § 10; 1961 c
15 § 84.16.032. Prior: 1933 c 146 § 4; RRS § 11172-4;
prior: 1907 c 36 § 6. Formerly RCW 84.16.060.]
Construction--Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.16.034 Depositions may be taken, when. The department of revenue in any matter material to the valuation, assessment or taxation of the property of any
company, may cause the deposition of witnesses residing without the state or absent therefrom, to be taken
upon notice to the company interested in like manner
as the deposition of witnesses are taken in civil actions
in the superior court. [ 1975 1st ex.s. c 278 § 177; 1961 c
15 § 84.16.034. Prior: 1933 c 146 § 5; RRS § 11172-5.
Formerly RCW 84.16.070.]
Construction--Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.16. 036 Default valuation by department of revenue--Penalty--Estoppel. If any company, or its officer or agent, shall refuse or neglect to make any report
required by this chapter, or by the department of revenue, or shall refuse or neglect to permit an inspection
and examination of its records, books, accounts, papers
or property requested by the department of revenue, or
~hall re~use or neglect to appear before the department
m ob~d1ence to a summons, the department shall inform itself the best it may of the matters to be known,
in order to discharge its duties with respect to valuation
and assessment of the property of such company; and
the department shall add to the value so ascertained
twenty-five percent as a penalty for the failure or refusal of such company to make its report and such company shall be estopped to question or impeach the
Private Car Companies
assessment of the department of revenue in any hearing
or proceeding thereafter. [1975 1st ex.s. c 278 § 178;
1961 c 15 § 84.16.036. Prior: 1933 c 146 § 6; RRS §
11172-6; prior: 1907 c 36 §§ 5, 6. Formerly RCW
84.16.080.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.16.040 Annual assessment--Sources of information. The department of revenue shall annually make
an assessment of the operating property of each private
car company; and between the first day of May and the
first day of July of each of said years shall prepare an
assessment roll upon which it shall enter and assess the
true cash value of all the operating property of each of
such companies as of the first day of January of the
year in which the assessment is made. For the purpose
of determining the true cash value of such property the
department of revenue may take into consideration any
information or knowledge obtained by it from an examination and inspection of such property, or of the
books, records and accounts of such companies, the
statements filed as required by this chapter, the reports,
statements or returns of such companies filed in the
office of any board, office or commission of this state or
any county thereof, the earnings and earning power of
such companies, the franchises owned or used by such
companies, the assessed valuation of any and all property of such companies, whether oper~ting pro~er~y or
nonoperating property, and whether s1tu~ted w1thm _or
without the state, and any other facts, evidences or mformation that may be obtainable bearing upon the
value of the operating property: Provided, That in no
event shall any statement or report required from any
company by this chapter be conclusive upon the department of revenue in determining the amount, character and true cash value of the operating property of
such company. [1975 lst ex.s. c 278 § 179; 1961 c 15 §
84.16.040. Prior: 1939 c 206 § 22; 1933 c 146 § 7; RRS
§ 11172-7; prior: 1907 c 36 § 7.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.16.050 Basis of valuation--Apportionment of
system value to state. The department of revenue m~y,
in determining the actual cash value of the operatmg
property to be placed on the assessment roll value the
entire property as a unit. If the company owns, leases,
operates or uses property partly within and partly wi.thout the state, the department of revenue may determme
the value of the operating property within this state by
the proportion that the value of such property bears to
the value of the entire operating property of the company, both within and wit~ou~ this state. I.n ~eter~ining
the operating property which is located w1thm this state ,
the department of revenue m~y cons~der and base such
determination on the proport10n which the number of
car miles of the various classes of cars made in this
state bears to the total number of car miles made by the
same cars within and without this state, or to the total
number of car miles made by all cars of the various
classes within and without this state. If the value of the
84.16.100
operating property of the company cannot be fairly determined in such manner the department of revenue
may use any other reasonable and fair method to determine the value of the operating property of the company within this state. [1975 1st ex.s. c 278 § 180; 1961
c 15 § 84.16.050. Prior: 1933 c 146 § 8; RRS § 11172-8;
prior: 1907 c 36 § 7.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.16.090 Assessment roll--Notice of valuation.
Upon the assessment roll shall be placed after the na!lle
of each company a general description of the ope_ratmg
property of the company, which shall be c_oi:~1dered
sufficient if described in the language of subd1v1s10n (3)
of RCW 84.16.010 or otherwise, following which shall
be entered the actual cash value of the operating property as determined by the depart1!1ent o_f revenue. No
assessment shall be invalid by a mistake m the name of
the company assessed, by omission of the name of the
owner or by the entry of a name other than that of the
true owner. When the department of revenue shall have
prepared the assessment roll and entered thereon the
actual cash value of the operating property of the company, as herein required, it sha~l notify t~e company by
mail of the valuation determmed by 1t and entered
upon said roll; and thereupon such valuation shall become the actual cash value of the operating property of
the company, subject to revision or correcti~n by the
state board of equalization as hereinafter provided; and
shall be the valuation upon which, after equalization by
the state board of equalization as hereinafter provided,
the taxes of such company shall be based and computed. [1975 !st ex.s. c 278 § 181; 1961 c 15 § 84.16.090.
Prior: 1933 c 146 § 9; RRS § 11172-9; prior: 1907 c 36
§ 4.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.16.100 Hearings, time and place of. Every company assessed under the provisions of this c~apter shall
be entitled on its own motion to a heanng and to
present evidence before the department of revenue, at
any time between the twentieth day of July and the fifteenth day of August, relating to the value of the operating property of such company and to the value of the
other taxable property in the counties in which the operating property of such company is situate. Upon request in writing for such hearing, which must be
presented to the department of revenue on or before the
twentieth day of July following the making of the assessment, the department shall appoint a time and place
therefor, within the respective periods aforesaid, the
hearing to be conducted in such manner as the department shall direct. Hearings provided for in this section
may be held at such times and in such places throughout the state as the department may deem proper or
necessary and may be adjourned from time to time and
from place to place. [1975 1st ex.s. c 278 § 182; 1961 c
15 § 84.16.100. Prior: 1939 c 206 § 23; 1933 c 146 § 10;
RRS § I I 172-10.]
(1975 RCW Supp--p 669)
Title 84:
84.16.100
Construction-Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.16.130 Certification to county assessors--Apportionment to taxing districts--Entry upon tax rolls.
When the state board of equalization shall have determined the equalized or assessed value of the operating
property of each company in the respective counties as
hereinabove provided, the department of revenue shall
certify such equalized or assessed value to the county
assessor of the proper county; and the county assessor
shall apportion and distribute such assessed or equalized valuation to and between the several taxing districts of his county entitled to a proportionate value
thereof in the manner prescribed in RCW 84.16.120 for
apportionment of values between counties. The county
assessor shall enter such assessment upon the personal
property tax rolls of his county, together with the values
so apportioned, and the same shall be and constitute
the assessed valuation of the operating company in such
county for that year, upon which taxes shall be levied
and collected the same as on general property of the
county. [1975 1st ex.s. c 278 § 183; 1961 c 15 § 84.16.130. Prior: 1939 c 206 § 25; 1933 c 146 § 13; RRS §
11172-13.]
Construction-Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Chapter 84.24
REASSESSMENT OF PROPERTY
Sections
84.24.010
84.24.030
84.24.040
84.24.050
Definitions.
Notice--Publication and service.
Hearing.
Certification and entry on rolls-Relisting and relevy.
84.24.010 Definitions. The terms used in this chapter
shall be construed as follows: The phrase "error in taxation" shall mean and embrace any action on the part
of any assessing or taxing officer or board resulting in
taxes being levied on any property at an amount in excess of what they should have been, or resulting in a tax
void in whole or in part; the word "owner" shall be
construed to mean the person owning the legal title to
the property which shall be reassessed and retaxed pursuant to this chapter as shown by the county auditor's
records; the phrase "relevied tax" shall mean the tax
levied on any property as a result of a reassessment as
provided in this chapter; the phrase "original tax" shall
mean the tax originally levied upon the property for the
year or years for which a reassessment and relevy is
made; the phrase "original assessment" shall mean all
of the proceedings of the assessing and taxing officers
leading up to the actual levying of the original tax; the
phrase "original assessment date" shall mean the date
as of which the property in question was valued for the
purpose of fixing the original tax thereon; the word
"hearing'' shall mean a proceeding in which any taxpayer or other person having an interest in the matter
concerning which such hearing is had, is afforded an
(1975 RCW Supp----p 6701
Property Taxes
opportunity of making such showing with respect thereto, as he may desire; the phrase "department of revenue" shall mean the department of revenue of the state
of Washington; the term "person" shall import both the
singular and plural as the case may demand, or as shall
be applicable, and shall include individuals, copartnerships, corporations, and unincorporated societies and
associations. [1975 I st ex.s. c 278 § 184; 1961 c 15 § 84.24.010. Prior: 1931c106 §I; RRS § 11301.]
Construction--Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.24.030 Notice--Publication and service. The
department of revenue shall cause a notice, signed by it,
to be served upon the owner in the manner hereinafter
provided, which notice shall be addressed to the owner
and also "to all persons known and unknown having or
claiming any interest in the property in this notice described", shall describe such property with the same
particularity as the same is required by law to be described upon the assessment rolls, and shall give notice
that at a time to be fixed in such notice (which time
shall not be less than ten, nor more than thirty days after the date of the last publication of such notice hereinafter provided), such department of revenue will, at
its office proceed to reassess and retax said property for
the particular year or years involved (naming them) and
further giving notice that said owner or other interested
persons may appear at the time and place set forth in
said notice, and show cause, if any there be, why such
reassessment and retaxation should not be made, and
make such showing as they shall desire to make as to
the claimed illegality of such tax. Such notice shall also
be published once a week for three consecutive weeks
in a newspaper printed and published and of general
circulation in one of the counties in which such property is located. A copy of such notice shall also be mailed
not less than ten days prior to the date fixed for such
hearing to the prosecuting attorney of each county in
which the property is located.
The notice referred to in this section shall be served
either (l) in the same manner as personal service of
summons in civil actions is made, or (2) by depositing a
true copy thereof in the United States post office at
Olympia, Washington, securely wrapped and plainly
addressed to such owner at his last known address.
Proof of such service shall be made by the affidavit of
the person making such service. [l 975 l st ex.s. c 278 §
185; 1961 c 15 § 84.24.030. Prior: 1931 c 106 § 3; RRS
§ 11303.]
Construction-Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.24.040 Hearing. A hearing shall be had at the
time and place set forth in the notice provided for in
RCW 84.24.030, and thereafter the department of revenue shall determine, as of the original assessment date,
and in the manner provided by existing law, the cash
market value of the property in question, and the ratio
between cash market value and assessed value of the
other taxable property in the county where such property is located, and shall fix the equalized value of the
84.28.020
Reforestation Lands
property in question at that percentage of its cash market value as of the original assessment date, which the
equalized assessed value of the general taxable property
in the county where such reassessed property is located,
bore to its cash market value: Provided, however, That
in case of a protest, complaint or petition based upon
an alleged excessive assessment, the reassessment shall
not exceed the original assessment. [1975 1st ex.s. c 278
§ 186; 1961 c 15 § 84.24.040. Prior: 1931 c 106 § 4;
RRS § 11304.]
Construction--Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.24.050 Certification and entry on rolls--Relisting and relevy. If the original assessment was made by a
county assessor, the equalized valuation of such property for the purpose of such reassessment and any other
corrections made by the department of revenue in the
original tax shall be forthwith certified to the county
assessor of the county in which such reassessed property is located, and the same shall be entered and the tax
extended by such assessor under an appropriate heading, in the assessment rolls for the year or years for
which such reassessment is made, in the same manner
as provided by existing law for the entry and extension
of the original assessment of such property. If the original assessment was made by the department of revenue,
the equalized valuation of such property for the purpose
of such reassessment shall be forthwith entered by the
department of revenue under an appropriate heading, in
its assessment rolls for the year or years for which such
reassessment was made, and shall be apportioned to the
county or counties, and certified to the county assessors
of the proper counties, and shall be distributed by the
county assessors among taxing districts, and shall be
placed upon the county tax rolls, in the same manner as
provided by existing law for the entry and extension of
the original assessment of such property.
The officers authorized by existing law to levy and
collect taxes on said property shall forthwith proceed to
relist said property, and to relevy and collect the tax
thereon as of the original assessment year or years, in
the same manner as provided by existing law for the
listing of property, and the levying and collection of
taxes thereon, save and except, that each such officer
shall, in turn, perform the several duties to be performed by him in connection with such reassessment
and retaxation, as soon as the completion of the duties
of other officers in connection therewith make it possible for him to do so: Provided, That such tax as reassessed and relevied shall be figured and determined at
the same tax rate as the original tax on said property
for the year or years for which said reassessment was
made, was or should have been, figured and determined. [1975 1st ex.s. c 278 § 187; 1961 c 15 § 84.24.050. Prior: 1931 c 106 § 5; RRS § 11305.]
Construction--Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Chapter 84.28
REFORESTATION LANDS
Sections
84.28.006
84.28.020
84.28.050
84.28.060
84.28.063
84.28.065
84.28.160
Definitions.
Classification procedure-Review by department of
revenue.
Removal from classification-Petition of department
or county assessor-Hearing.
Removal from classification-Petition of taxpayers-Hearing.
Removal from classification-Petition of owner.
Taxation upon removal of land from classificationEffective date of classification and removal orders.
Rules and regulations authorized.
84.28.006 Definitions. For the purposes of this
chapter:
(1) "Department" shall mean the state department of
natural resources;
(2) The term selectively harvested lands as used in
this chapter shall mean lands devoted to reforestation
as set forth and defined in Article 7, section 1 of the
Constitution of the state of Washington, as amended.
[1975 !st ex.s. c 278 § 188; 1963 c 214 § 2.]
Construction--Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.28.020 Classification procedure-Review by department of revenue. The owner of any lands eligible for
classification under this chapter may apply in writing to
the department of natural resources for the classification of any such lands as reforestation lands. The application shall contain a list of such lands by county,
giving the legal description thereof by government legal
subdivision, in tracts not smaller than a forty acre tract
or government lot. At the time of filing the application
with the department, the owner shall also file a copy
thereof with the assessor of each county wherein such
lands are situated along with a list of such lands described in the application. Within one hundred and
twenty days following the filing of the application, a
hearing on the proposed classification shall be held by
the department at the court house in the county seat in
each county of the state wherein any lands proposed for
classification are situated. Notice of the hearing shall be
given by the department by publication of a notice in at
least two issues of a newspaper published and having
general circulation in the county wherein such hearing
is to be held. The notice shall specify the time, place
and general purpose of the hearing and shall advise that
a list of the lands proposed for classification as reforestation lands, with the legal description and the names of
the owners, has been filed with the county assessor. The
last publication of such notice shall be at least fifteen
days prior to the date fixed for the hearing. The department shall, on or before the date of the last publication
of the notice, mail a copy thereof to the applicant, the
county commissioners and the county assessor. At the
hearing, the department shall hear objections to, and
arguments for and against the proposed classification as
to all, or any particular lands described on the list. Following the hearing the department shall reconsider the
proposed list and classification and shall strike from the
[1975 RCW Supp--p 6711
84.28.020
Title 84:
list any lands it determines are not suitable as reforestation lands and shall forward a list of such rejected
lands to the land owner. The department shall, within
thirty days following the conclusion of the hearing, file
with the state department of revenue and forward to the
land owner and assessor a list of the lands by the respective counties determined by it to be qualified for
classification as reforestation lands, with description by
government legal subdivisions, and names and addresses of respective owners.
The department of revenue shall hold said list for a
period of two weeks, during which time any taxpayer,
or the county assessor, of the county in which the lands
are located shall be entitled to file writien objections
with it to the classification as reforestation lands of any
particular lands on such list. If any objection is filed the
department of revenue shall within thirty days after the
receipt of the objection fix a date and hold a hearing
thereon, and shall in writing notify the objector, the department, the assessor and the owner of the lands of the
date fixed for the hearing and send a copy of the written objections to the department, land owner and assessor. At the hearing the department of revenue shall
hear and consider evidence offered by the department,
owner, assessor or objector as to the nature and character of such lands, and from such evidence shall determine whether the lands shall be classified as
reforestation lands; and if the department of revenue
determines that the lands are not suitable for reforestation and should not be classified as reforestation lands,
it shall cause such lands to be stricken from the list. If
no objections are filed to the classification of any lands
on such list or if objections are filed and after hearing
are overruled, the department of revenue shall forthwith
enter an order approving the list as filed; and if, following a hearing on objections to classification as to
any particular lands on the list, the department of revenue determines that the particular lands are not properly classified as reforestation lands, it shall within
thirty days after the close of the hearing enter an order
to that effect and shall strike such lands from the list,
and enter an order approving the list with such lands
stricken therefrom. Upon entry of the order the department of revenue shall, within a period of ten days, at its
expense, cause a certified copy thereof, together with
the approved list to be recorded in the office of the auditor of the county in which the lands are situated, and
shall forward one certified copy thereof, together with
the approved list, to the assessor of the county wherein
the lands are situated, one copy to the department, and
one copy of its order to the owner, with a list only of
lands in which he has an interest; and thereupon the
lands described on such list shall be classified as reforestation lands. [1975 1st ex.s. c 278 § 189; 1963 c 214 §
4; 1961 c 15 § 84.28.020. Prior: 1951 c 172 § 1; 1931 c
40 § 3; RRS § 11219-3. Formerly RCW 84.28.020, 84.28.030 and 84.28.040.]
Construction--Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
(1975 RCW
Sup~
6721
Property Taxes
84.28.050 Removal from classification--Petition of
department or county assessor--Hearing. Whenever
the department or county assessor of the county in
which classified lands are situated believes that any
lands classified as reforestation lands are not being protected as provided by law, or the lands become more
valuable for some other purpose, or are not being used
primarily for forest crop production, the department or
county assessor may petition the department of revenue
to remove such lands from classification as reforestation
lands. The petition shall describe the lands by government legal subdivisions and shall set forth the name of
the owner thereof, and the grounds and reasons for
which such removal is sought. The department of revenue shall within sixty days after filing of the petition fix
a time and place and shall hold a hearing on the petition and shall mail a copy of the notice thereof, together with a copy of the petition, to the owner at his
address as shown by the records of the county treasurer's office at least thirty days prior to the date set for
the hearing. At the time and place fixed for the hearing
the department of revenue shall hold a hearing on the
petition and shall receive evidence offered by the owner, the department or county assessor for and against
the petition. Upon the conclusion of the hearing the
department of revenue shall within fifteen days thereafter determine whether such lands shall be removed from
classification as reforestation lands, and shall enter an
order accordingly. Within ten days after issuance of the
order, one certified copy of such order shall be forwarded by the department of revenue to the county assessor of the county in which the lands are situated, one
to the owner and one to the department, and the department of revenue shall, at its own expense, cause a
certified copy of such order, together with a list of the
lands covered thereby, to be recorded in the office of
the auditor of the county in which the lands are situated. [1975 1st ex.s. c 278 § 190; 1963 c 214 § 5; 1961 c 15
§ 84.28.050. Prior: 1951 c 172 § 2; 1931 c 40 § 4; RRS §
11219-4. Formerly RCW 84.28.050 and 84.28.070.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.28.060 Removal from classification--Petition of
taxpayers-Hearing. Whenever any lands previously
classified as reforestation lands shall be or become more
valuable for some other purpose and twenty-five taxpayers of the county in which the lands are situated file
a petition with the department of revenue, alleging such
to be the case, the department of revenue shall fix a
date for hearing on the petition and shall in writing notify the taxpayers by mailing notice thereof directed to
the taxpayers at the address shown on the petition; and
shall likewise, at least thirty days prior to the hearing
date, notify the department, the assessor and the owners
o~ the lands involved, by mailing a notice of the hearing
with a copy of the petition to them directed to their respective addresses. At the hearing the petitioners, the
department, the assessor and the owners shall be entitled to offer evidence bearing upon the question of the
value of such lands for reforestation and other purposes. The department of revenue from the evidence
Chapter 84.36
Exemptions
shall determine whether the lands are more valuable for
some other purpose than for reforestation; and if it so
determines it shall enter an order to that effect and
thereupon the lands shall be removed from classification as reforestation lands. Upon entry of an order by
the department of revenue, as provided for in this section, the department of revenue shall, at its own expense. cause a certified copy thereof, together with a list
of the lands covered thereby, to be recorded in the
office of the auditor of the county in which the lands
are situated and a certified copy thereof shall also be
mailed to the owner. [ 1975 I st ex.s. c 278 § 191; 1963 c
214 § 6; 1961 c 15 § 84.28.060. Prior: 1951 c 172 § 3;
1931 c 40 § 5; RRS § 11219-5.]
Construction--Severability--1975 1st ex.s.c 278: See notes following RCW 11.08.160.
84.28.063 Removal from classification--Petition of
owner. The owner may at any time cause any of his
lands classified under this chapter to be removed from
such classification by filing written notice to that effect
with the county assessor of the county in which such
lands are situate, which notice shall describe the lands
to be removed, giving the legal description thereof by
government legal subdivision. Copy of such notice shall
also be filed with the department, the department of
revenue and the county auditor of the county in which
the lands are situated. Upon receipt from the county
treasurer of evidence of payment of the yield taxes imposed by RCW 84.28.065, the department of revenue
shall issue an order removing said lands from classification, and such lands shall thereby be removed from
classification as reforestation lands as of the first day of
January next following the date of issuance of such order, and shall cease to be assessed and taxed as such
and shall be free from any lien for unpaid taxes due or
assessable under this chapter except as provided in
RCW 84.28.065. [1975 1st ex.s. c 278 § 192; 1963 c 214
§ 7.]
Construction--Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.28.065 Taxation upon removal of land from classification--Effective date of classification and removal
orders. Whenever any land is removed from classification as reforestation land it shall thereafter be assessed
and taxed without regard to the provisions of this
chapter, and there shall thereupon become due and
owing to the county in which such land is situated the
taxes set forth in this section.
(a) A yield tax equal to twelve and one-half percent
of the value of the timber or forest crop remaining on
the land, based upon full current stumpage rates fixed
by the assessor: Provided, That whenever, within a period of twelve years following the classification of any
lands as reforestation lands, any such lands shall be removed from classification, the owner thereof shall be
required to pay a yield tax upon the timber of one percent for each year that has expired from the date of
such classification until such removal from
classification.
(b) A sum of money equivalent to the amount, if any,
by which the tax paid on the land and forest crop because of classification under this chapter is less than the
tax paid during the same period on similar land and
forest crop that was not classified.
The assessor shall prepare a roll of lands to be removed from classification and shall extend against such
lands the taxes computed as provided in this section,
and shall forthwith transmit to the county treasurer a
record of such taxes; and the county treasurer shall
thereupon enter the amount of such taxes upon his records against such lands and their owner; and such
taxes shall thereupon become a lien against such lands
and timber and also against any forest material that
may be cut thereon and against any other real or personal property owned by such owner. Such taxes shall
become delinquent on the fifteenth day of March next
following the effective date of the order of the department of revenue. The lien of such taxes shall be superior, and shall be enforceable, in the same manner and to
the same effect as provided in RCW 84.28.140 for collection of yield taxes on materials removed from classified lands: Provided, That payment of such taxes shall
be a condition precedent to issuance of an order removing lands from classification pursuant to provisions
of RCW 84.28.063: Provided further, That an order
classifying lands or removing lands from classification
shall not be retroactive, but the effective date of such
order shall not be earlier than the first day of January
next following the date of issuance of such order. [ 1975
1st ex.s. c 278 § 193; 1963 c 214 § 8.]
Construction--Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.28.160 Rules and regulations authorized. The department of natural resources and the department of
revenue, respectively, shall have power to make such
rules and regulations as they shall deem· necessary or
advisable in the exercise of the powers and performance
of the duties imposed upon them by this chapter. [ 1975
1st ex.s. c 278 § 194; 1963 c 214 § 14; 1961 c 15 ~ 84.28.160. Prior: 1931 c 40 § 14; RRS § 11219-14.]
Construction-Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Chapter 84.36
EXEMPTIONS
Sections
84.36.020
84.36.032
84.36.045
84.36.105
84.36.350
84.36.381
84.36.383
84.36.387
84.36.470
84.36.480
Cemeteries, churches, parsonages, convents and grounds.
Administrative offices of nonprofit religious
organizations.
Nonprofit organization property available without
charge for medical research or training of medical
personnel.
Cargo containers used in ocean commerce.
Property owned or used for sheltered workshops for
handicapped.
Residences-Property tax exemptions-Schedule-Qualifications.
Residences-Definitions.
Residences-Claimants--Penalty for falsification.
Agricultural or horticultural produce or crop----Phase
out exemption.
Nonprofit fair associations.
[1975 RCW Supp---p 6731
Chapter 84.36
84.36.815
84.36.825
84.36.865
Title 84:
Property Taxes
GENERAL POWERS
Initial and renewal applications for exemption-Affidavit certifying exempt status-Required-Filing.
Application fee-Applications for 1974 considered initial applications.
Rules and regulations.
84.36.020 Cemeteries, churches, parsonages, convents
and grounds. The following property shall be exempt
from taxation:
All lands, and buildings required for necessary administration and maintenance, used, or to the extent
used, exclusively for public burying grounds or cemeteries without discrimination as to race, color, national
origin or ancestry;
All churches and the ground, not exceeding five acres
in area, upon which a church of any nonprofit recognized religious denomination is or shall be built, together with a parsonage, convent, and buildings and
improvements required for the maintenance and safeguarding of such property. The area exempted shall in
any case include all ground covered by the church,
parsonage, convent, and buildings and improvements
required for the maintenance and safeguarding of such
property and the structures and ground necessary for
street access, parking, light, and ventilation, but the
area of unoccupied ground exempted in such cases, in
connection with church, parsonage, convent, and buildings and improvements required for the maintenance
and safeguarding of such property, shall not exceed the
equivalent of one hundred twenty by one hundred
twenty feet except where additional unoccupied land
may be required to conform with state or local codes,
zoning, or licensing requirements. The parsonage and
convent need not be on land contiguous to the church
property. To be exempt the property must be wholly
used for church purposes: Provided, That the loan or
rental of property otherwise exempt under this paragraph to a nonprofit organization, association, or corporation, or school for use for an eleemosynary activity
shall not nullify the exemption provided in this paragraph if the rental income, if any, is reasonable and is
devoted solely to the operation and maintenance of the
property. [1975 1st ex.s. c 291 § 12; 1973 2nd ex.s. c 40
§ l; 1971ex.s.c64 § 3; 1961c103 § 3; 1961c15 § 84.36.020. Prior: 1955 c 196 § 4; prior: 1939 c 206 § 8,
part; 1933 ex.s. c 19 § l, part; 1933 c 115 § l, part; 1929
c 126 § 1, part; 1925 ex.s. c 130 § 7, part; 1915 c 131 §
I, part; 1903 c 178 § l, part; 1901 c 176 § 1, part; 1899
c 141 § 2, part; 1897 c 71 §§ I, 5, part; 1895 c 176 § 2,
part; 1893 c 124 §§ l, 5, part; 1891 c 140 §§ 1, 5, part;
1890 p 532 §§ I, 5, part; 1886 p 47 § l, part; Code 1881
§ 2829, part; 1871 p 37 § 4, part; 1869 p 176 § 4, part;
1867 p 61§2, part; 1854 p 331§2, part; RRS § lllll,
part. Formerly RCW 84.40.010.]
Effective dates-Severability-1975 1st ex.s. c 291: See notes
following RCW 82.04.050.
Construction-1961 c 103: See note following RCW 49.60.040.
Burial Jot for particular person: RCW 68.24.220.
.'\'onprofit cemetery associations, certain exemptions: RCW 68.20.1 JO,
68.20.120.
[1975 RCW Supp--p 674)
84.36.032 Administrative offices of nonprofit religious
organizations. The real and personal property of the administrative offices of nonprofit recognized religious organizations shall be exempt to the extent that the
property is used for the administration of the religious
programs of the organization and such other programs
as would be exempt under RCW 84.36.020 and 84.36.030 as now or hereafter amended. [ 1975 l st ex.s. c 291
§ 13.]
Effective dates-Severability-1975 1st ex.s. c 291: See notes
following RCW 82.04.050.
84.36.045 Nonprofit organization property available
without charge for medical research or training of medical personnel. All property owned in fee or by contract
purchase by any nonprofit corporation or association
which is available without charge for research by, or for
the training of, doctors, nurses, laboratory technicians,
hospital administrators and staff or other hospital personnel, and which otherwise is used exclusively for
medical research, the results of which will be available
without cost to the public, shall be exempt from ad valorem taxation. [1975 lst ex.s. c 291 § 23.]
Effective dates-Severability-1975 1st ex.s. c 291: See notes
following RCW 82.04.050.
84.36.105 Cargo containers used in ocean commerce.
All cargo containers principally used for the transportation of cargo by vessels in ocean commerce shall be
exempt from taxation. The term "cargo container"
means a receptacle:
(1) Of a permanent character and accordingly strong
enough to be suitable for repeated use;
(2) Specially designed to facilitate the carriage of
goods, by one or more modes of transport, one of which
shall be by vessels, without intermediate reloading;
(3) Fitted with devices permitting its ready handling,
particularly its transfer from one mode of transport to
another; and
(4) Designed to be easy to fill and empty. [1975 1st
ex.s. c 20 § I.]
84.36.350 Property owned or used for sheltered
workshops for handicapped. The following property shall
be exempt from taxation:
Real or personal property owned and used by a nonprofit corporation in connection with the operation of a
sheltered workshop for handicapped persons, and used
primarily in connection with the manufacturing and the
handling, sale or distribution of goods constructed, processed, or repaired in such workshops or centers; inventory owned by a sheltered workshop for sale or lease
by the sheltered workshop or to be furnished under a
contract of service, including raw materials, work in
process, and finished products. [1975 !st ex.s. c 3 § I;
1970 ex.s. c 81 § I.]
84.36.381
Residences--Property tax exemptions-Schedule-Qualifications. A person shall be
exempt from any legal obligation to pay all or a portion
of the amount of excess and regular real property taxes
due and payable in the year following the year in which
Exemptions
a claim is filed in accordance with the following
conditions:
(I) The property taxes must have been imP_Osed upon
a residence which has been regularly occupied by the
person claiming the exemption during the two. calen~ar
years preceding the year in which the exemption claim
is filed: or the property taxes must have been imposed
upon a residence which was occupied by the person
claiming the exemption as a principal place of residence
as of January !st of the year for which the claim is filed
and the person claiming the exemption must also have
been a resident of the state of Washington for the last
three calendar years preceding the year in which the
claim is filed: Provided, That any person who sells,
transfers, or is displaced from his or her residence may
transfer his or her exemption status to a replacement
residence, but no claimant shall receive an exemption
on more than one residence in any year;
(2) The person claiming the exemption must have
owned. at the time of filing, in fee, or by contract purchase, the residence on which the property taxes have
been imposed or if the person claiming the exemption
lives in a cooperative housing association, corporation,
or partnership, such person must own a share therein
representing the unit or portion of the structure in
which he or she resides. For purposes of this subsection,
a residence owned by a marital community shall be
deemed to be owned by each spouse;
(3) The person claiming the exemption must have
been sixty-two years of age or older on January lst of
the year in which the exemption claim is filed, or must
have been, at the time of filing, retired from regular
gainful employment by reason of physical disability;
(4) The amount that the person shall be exempt from
an obligation to pay shall be calculated, on the basis of
the combined income, from all sources whatsoever, of
the person claiming the exemption and his or her
spouse for the preceding calendar year, in accordance
with the following schedule:
Income
Range
$5,000 or Jess
$5,001 - $6,000
Percentage of Excess
Levies Exemption
One hundred percent
Fifty percent
Provided, however, That, in addition, any person, who
otherwise qualifies under the provisions of this section,
and is within the income range of four thousand dollars
or less shall be exempt from any obligation to pay regular property taxes on up to five thousand dollars of
valuation of his or her residence: Provided further, That
only two-thirds of any social security benefits, federal
civil service retirement, or railroad retirement pension
shall be considered as income for the purposes of this
section: And provided further, That the gain realized by
any person from the sale, transfer, or upon being displaced from his or her residence ~hall n?t b~ co~sidered
as income for the purposes of this sect10n 1f remvested
in a replacement residence within eighteen months of its
realization. [1975 lst ex.s. c 291 § 14; 1974 ex.s. c 182 §
1.]
Effective dates-Severability-1975 1st ex.s. c 291: See notes
following RCW 82.04.050.
84.36.387
Severability-1974 ex.s. c 182: "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
182 § 8.]
84.36.383 Residences--Definitions. As used in this
chapter, except where the context clearly indicates a
different meaning:
(l) The term "residence" shall mean a single family
dwelling unit whether such unit be separate or part of a
multiunit dwelling, including the land on which such
dwelling stands not to exceed one acre. The term shall
also include a share ownership in a cooperative housing
association, corporation, or partnership if the person
claiming exemption can establish that his or her share
represents the specific unit or portion of such structure
in which he or she resides. The term shall also include a
single family dwelling situated upon lands the fee of
which is vested in the United States or any instrumentality thereof including an Indian tribe or in the state of
Washington, and notwithstanding the provisions of
RCW 84.04.080, 84.04.090 or 84.40.250, such a residence shall be deemed real property.
(2) The term "real property" except for the purposes
of chapters 84.56 and 84.60 RCW, shall also include a
mobile home which has substantially lost its identity as
a mobile unit by virtue of its being fixed in location
upon land owned or leased by the owner of the mobile
home and placed on a foundation (posts or blocks) with
fixed pipe, connections with sewer, water, or other
utilities.
(3) The term "preceding calendar year" shall mean
the calendar year preceding the year in which the claim
for exemption is to be made.
(4) "Department" shall mean the state department of
revenue. [1975 lst ex.s. c 291 § 15; 1974 ex.s. c 182 § 2.]
Effective dates-Severability-1975 1st ex.s. <! 291: See notes
following RCW 82.04.050.
84.36.387 Residences--Claimants--Penalty for
falsification. ( l) All claims for exemption shall be made
and signed by the person entitled to the exemption, by
his or her attorney in fact or in the event the residence
of such person is under mortgage or purchase contract
requiring accumulation of reserves out of which the
holder of the mortgage or contract is required to pay
real estate taxes, by such holder or by the owner, either
before two witnesses or the county assessor or his deputy in the county where the real property is located:
Provided, That if a claim for exemption is made by a
person living in a cooperative housing association, corporation, or partnership, such claim shall be made and
signed by the person entitled to the exemption and by
the authorized agent of such cooperative.
(2) If the taxpayer is unable to submit his own claim,
the claim shall be submitted by a duly authorized agent
or by a guardian or other person charged with the care
of the person or property of such taxpayer.
(3) Any person signing a false claim with the intent to
defraud or evade the payment of any tax shall be guilty
of the offense of perjury.
[1975 RCW Supp--p 675)
84.36.387
Title 84:
(-l) The tax liability of a cooperative housing association. corporation. or partnership shall be reduced by the
amount of tax exemption to which a claimant residing
therein is entitled and such cooperative shall reduce any
amount owed by the claimant to the cooperative by
such exact amount of tax exemption or, if no amount
be owed. the cooperative shall make payment to the
claimant of such exact amount of exemption. [ 1975 I st
ex.s. c 291 § 16; 1974 ex.s. c 182 § 4.]
Effective dates-Severability-1975 1st ex.s. c 291: See notes
following RCW 82.04.050.
84.36.470 Agricultural or horticultural produce or
crop-Phase out exemption. Any agricultural or horticultural produce or crop, including any animal, bird,
or insect, or the milk, eggs, wool, fur, meat, honey, or
other substance obtained therefrom grown or produced
for sale by any person upon his own lands or upon
lands in which he has a present right of possession who
is exempted from payment of business and occupation
tax pursuant to RCW 82.04.330 as now or hereafter
amended shall be assessed for the purposes of ad valorem taxes according to the following schedule:
Commencing with assessment as of January 1, 1975,
for taxes due in 1976 the assessment level shall be seventy-five percent of true and fair value.
Commencing with assessment as of January 1, 1976,
for taxes due in 1977 the assessment level shall be seventy percent of true and fair value.
Commencing with assessment as of January 1, 1977,
for taxes due in 1978 the assessment level shall be sixty
percent of true and fair value.
Commencing with assessment as of January 1, 1978,
for taxes due in 1979 the assessment level shall be fifty
percent of true and fair value.
Commencing with assessment as of January 1, 1979,
for taxes due in 1980 the assessment level shall be forty
percent of true and fair value.
Commencing with assessment as of January 1, 1980,
for taxes due in 1981 the assessment level shall be thirty
percent of true and fair value.
Commencing with assessment as of January 1, 1981,
for taxes due in 1982 the assessment level shall be
twenty percent of true and fair value.
Commencing with assessment as of January 1, 1982,
for taxes due in 1983 the assessment level shall be ten
percent of true and fair value.
Commencing with assessment as of January I, 1983,
for taxes due in 1984 such inventories shall be fully exempt under chapter 84.36 RCW.
Commencing with January I, 1983, assessments for
taxes due in 1984, taxpayers shall not be required to report, or assessors to list, the inventories covered by this
phase out exemption.
Nothing in this section shall be construed to remove
or otherwise affect any exemption from assessment
granted by RCW 84.44.060. [1975 1st ex.s. c 291 § 17;
1974 ex.s. c 169 § 8.]
Effective dates-Severability-1975 1st ex.s. c 291: See notes
following RCW 82.04.050.
Severability--Effective date---Intent-1974 ex.s. c 169: See
notes following RCW 82.04.442.
[1975 RCW Supp---p 676)
Propert)· Taxes
Powers of department of revenue to promulgate rules and prescribe
procedures to carry out this section: RCW 84.40.405.
84.36.480 Nonprofit fair associations. The following
property shall be exempt from taxation: The real and
personal property of a nonprofit fair association that
sponsors or conducts ·a fair or fairs which receive support from revenues collected pursuant to RCW 67.16.100 and allocated by the director of the department of
agriculture. The loan or rental of property otherwise
exempt under this section to a nonprofit organization,
association, or corporation, or municipal corporation
shall not nullify the exemption provided in this section
if the rental income, if any, is reasonable and is devoted
solely to the operation and maintenance of the property. The loan or rental of property otherwise exempt under this section to a private concessionaire or to any
person for use as a concession in conjunction with activities permitted under this section shall not nullify the
exemption if the concession charges are subject to
agreement and the rental income, if any, is reasonable
and is devoted solely to the operation and maintenance
of the property. [1975 1st ex.s. c 291 § 22.]
Effective dates-Severability--1975 1st ex.s. c 291: See notes
following RCW 82.04.050.
GENERAL POWERS
84.36.815 Initial and renewal applications for exemption--Affidavit certifying exempt status--Required--Filing. In order to qualify for exempt status
for real or personal property pursuant to the provisions
of chapter 84.36 RCW, as now or hereafter amended,
all foreign national governments, churches, cemeteries,
nongovernmental nonprofit corporations, organizations,
and associations, private schools or colleges, and soil
and water conservation districts shall file an initial application on or before March 31 with the state department of revenue. All applications shall be filed on forms
prescribed by the department and shall be signed by an
authorized agent of the applicant.
In order to requalify for exempt status, such applicants except nonprofit cemeteries shall file a renewal
application on or before March 31 of the fourth year
following the date of such initial application and on or
before March 31 of every fourth year thereafter. An
applicant previously granted exemption shall annually
file on forms prescribed by the department an affidavit
certifying the exempt status of the real or personal
property owned by the exempt organization: Provided,
That. where an applicant previously granted exemption
acqmres or otherwise converts real property to exempt
status, such applicant shall file a renewal application no
later than sixty days following the conversion of such
real property to exempt status. Failure to file a renewal
application within sixty days of conversion of such real
property to exempt status shall nullify the exemption
otherwise available for such property in the year of
such conversion. [1975 1st ex.s. c 291 § 18; 1973 2nd
ex.s. c 40 § 9.]
Effective dates-Severability--1975 1st ex.s. c 291: See notes
following RCW 82.04.050.
Deferral of Special Assessments, Property Taxes
84.36.825 Application fee-Applications for 1974
considered initial applications. An application fee of
thirty-five dollars for each initial and renewal application shall be required and shall be deposited within the
general fund. Applications made for assessment year
1974, if approved, shall be considered initial applications whether or not an exemption has previously been
approved. [1975 1st ex.s. c 291 § 19; 1973 2nd ex.s. c 40
§ 11.]
Effective dates-Severability-1975 1st ex.s. c 291: See notes
following RCW 82.04.050.
84.36.865 Rules and regulations. The department of
revenue of the state of Washington shall make such
rules and regulations consistent with chapter 34.04
RCW and the provisions of this chapter as shall be
necessary or desirable to permit its effective administration. [1975 1st ex.s. c 291 § 20; 1973 2nd ex.s. c 40 § 19.]
Effective dates-Severability--1975 1st ex.s. c 291: See notes
following RCW 82.04.050.
Chapter 84.38
DEFERRAL OF SPECIAL ASSESSMENTS
AND/OR PROPERTY TAXES
Sections
84.38.010
84.38.020
84.38.030
84.38.040
84.38.050
84.38.060
84.38.070
84.38.080
84.38.090
84.38.100
84.38.110
84.38.120
84.38.130
84.38.140
84.38.150
84.38.160
84.38.170
84.38.180
84.38.900
84.38.910
Legislative finding and purpose.
Definitions.
Conditions and qualifications for claiming deferral.
Declarll,tion to defer special assessments and/or real
property taxes--Filing-Contents-Appeal.
Renewal of deferral--Forms-N otice to renewLimitation upon special assessment deferral amount.
Declaration of deferral by agent, guardian, etc.
Ceasing to reside permanently on property subject to deferral declaration.
Right to deferral not reduced by contract or agreement.
Procedure where residence under mortgage or purchase
contract.
Lien of state, mortgage or purchase contract holderPriority-Amount.
Duties of county assessor.
Payments to local improvement or taxing districts of assessments or taxes deferred.
When deferred assessments or taxes become payable.
Collection of deferred assessments or taxes.
Election to continue deferral by surviving spouse.
Payment of part or all of deferred taxes authorized.
Collection of personal property not affected.
Forms--Rules and regulations.
Severability-1975 !st ex.s. c 291.
Effective dates-1975 !st ex.s. c 291.
84.38.010 Legislative finding and purpose. Savings
once deemed adequate for retirement living have been
rendered inadequate by increased tax rates, increased
property values, and the failure of pension systems to
adequately reflect such factors. It is therefore deemed
necessary that the legislature, in addition to that tax
exemption as provided for in RCW 84.36.381 through
84.36.389 as now or hereafter amended, allow retired
persons to defer payment of special assessments on
their residences, and to defer their real property tax obligations on their residences, an amount of up to eighty
percent of their equity in said property. This deferral
program is intended to assist retired persons in maintaining their dignity and a reasonable standard of living
84.38.020
by residing in their own homes, providing for their own
needs, and managing their own affairs without requiring
assistance from public welfare programs. [1975 1st ex.s.
c 291 § 26.]
84.38.020 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 meanings:
(1) "Claimant" means a retired person who elects to
defer payment of the special assessments and/or real
property taxes accrued on his residence by filing a declaration to defer as provided by this chapter.
When two individuals of a household file or seek to
file a declaration to defer, they may determine between
them as to who the claimant shall be.
(2) "Consumer price index" shall mean the consumer
price index for urban wage earners and clerical workers
as compiled by the bureau of labor statistics of the
United States department of labor.
(3) "Department" means the state department of
revenue.
(4) "Equity value'' means the amount by which the
fair market value of a residence as determined from the
records of the county assessor exceeds the total amount
of any liens or other obligations against the property.
(5) "Owned" includes possession under a contract of
sale, deed of trust, or tenancy in common.
(6) "Special assessment" means the charge or obligation imposed by a city, town, county, or other municipal corporation upon property specially benefited by a
local improvement.
(7) "Real property taxes'' means ad valorem property
taxes levied on a residence in this state in the preceding
calendar year. If a residence is an integral part of a
larger unit such as a farm, or a multipurpose or
multidwelling building, real property taxe:; shall be that
percentage of the total property taxes accrued as the
value of the residence is of the total value of the unit.
For purposes of this paragraph "unit" refers to the parcel of property covered by a single tax statement of
which the residence is a part.
(8) "Preceding calendar year" shall mean the calendar year preceding the year in which the application for
deferral of special assessment and/or real property
taxes is made.
(9) The term "residence" shall mean a single family
dwelling unit whether such unit be separate or part of a
multiunit dwelling, including the land on which such
dwelling stands not to exceed one acre per unit. The
term shall also include a single family dwelling situated
upon lands the fee of which is vested in the United
States or any instrumentality thereof including an Indian tribe or in the state of Washington or its municipal
corporations, and notwithstanding the provisions of
RCW 84.04.080, 84.04.090, or 84.40.250, such a residence shall be deemed real property.
(10) The term "real property", except for the purposes of chapters 84.56 and 84.60 RCW, shall also include a mobile home which has substantially lost its
identity as a mobile unit by virtue of its being fixed in
location upon land owned or leased by the owner of the
11975 RCW Supp---p 677)
84.38.020
Title 84:
Property Taxes
mobile home and placed on a foundation (posts or
blocks) with fixed pipe, connections with sewer, water
or other utilities. [1975 1st ex.s. c 291 § 27.]
84.38.030 Conditions and qualifications for claiming
deferral. A retired person may elect to defer payment of
special assessments and/or real property taxes on his
residence up to eighty percent of the amount of his equity value in said property if the following conditions
are met:
(I) The special assessments and/or property taxes
must have been imposed upon a residence: (a) Which
has been regularly occupied by the person claiming the
deferral during the two calendar years preceding the
year in which the deferral claim is filed; or (b) which
was occupied by the person claiming the deferral as a
principal place of residence as of January 1st of the
year in which the claim is filed and the person claiming
the deferral must also have been a resident of the state
of Washington for the last three calendar years preceding the year in which the claim is filed.
(2) The claimant must have owned, at the time of filing, the residence on which the special asse;;sment
and/or real property taxes have been imposed. For
purposes of this subsection, a residence owned by a
marital community shall be deemed to be owned by
each spouse.
(3) The claimant must have been sixty-two years of
age or older on January 1st of the year in which the
deferral claim is filed, or must have been, at the time of
filing, retired from regular gainful employment by reason of physical disability.
(4) The claimant and/or his or her spouse must not
have received income of the type referred to in RCW
84.36.38 1, as now or hereafter amended, during the
preceding calendar year which exceeds the following
amounts:
(a) For claims filed in 1976-eight thousand dollars;
(b) For claims filed in subsequent years, an amount
equal to the previous year's income limit adjusted by
the percentage change in the consumer price index for
the twelve month period ending September 31st of the
previous year.
(5) The claimant must have and keep in force fire and
casualty insurance in sufficient amount to protect the
interest of the state in the claimant's equity value.
(6) In the case of special assessment deferral, claimant must have opted for payment of such special assessments on the installment method if such method
was available. [1975 1st ex.s. c 291 § 28.]
84.38.040 Declaration to defer special assessments
and/or real property taxes--Filing--Contents-Appeal. (I) Each claimant electing to defer payment of
special assessments and/or real property tax obligations
under this chapter shall file with the county assessor, on
forms prescribed by the department and supplied by the
assessor, a written declaration thereof. The declaration
to defer special assessments and/or real property taxes
for any year shall be filed prior to July 1st each year for
deferral for the following year.
11975 RCW Supp--p 6781
(2) The declaration shall designate the property to
which the deferral applies, and shall include a statement
setting forth (a) a list of all members of the claimant's
household, (b) the claimant's equity value in his residence, (c) facts establishing the eligibility for the deferral under the provisions of this chapter, and (d) any
other relevant information required by the rules of the
department. Each copy shall be signed by the claimant
subject to the penalties as provided in chapter 9.72
RCW for the false swearing. The first declaration to
defer filed in a county shall include proof of the claimant's age acceptable to the assessor.
(3) The county assessor shall determine if each
claimant shall be granted a deferral for each year but
the claimant shall have the right to appeal this determination to the county board of equalization whose decision shall be final as to the deferral of that year. [ 1975
1st ex.s. c 291 § 29.]
84.38.050 Renewal of deferral--Forms--Notice
to renew--Limitation upon special assessment deferral
amount. (I) (a) Declarations to defer property taxes for
all years following the first year may be made by filing
with the county assessor on or before July 1st a renewal
form in duplicate, prescribed by the department of revenue and supplied by the county assessor, which affirms
the continued eligibility of the claimant.
(b) In January of each year, the county assessor shall
send to each claimant who has been granted deferral of
ad valorem taxes for the previous year renewal forms
and notice to renew.
(2) Declarations to defer special assessments shall be
made by filing with the assessor on or before July 1st of
any year on a form to be prescribed by the department
of revenue and supplied by the county assessor. Upon
approval, the full amount of special assessments upon
such claimant's residence shall be deferred for the following year but not to exceed an amount equal to
eighty percent of the claimant's equity value in said
property. [1975 1st ex.s. c 291 § 30.]
84.38.060 Declaration of deferral by agent, guardian,
etc. If the claimant is unable to make his own declaration of deferral, it may be made by a duly authorized
agent or by a guardian or other person charged with
care of the person or property of such claimant. [1975
1st ex.s. c 291 § 31.]
84.38.070 Ceasing to reside permanently on property
subject to deferral declaration. If the claimant declaring
his intention to defer special assessments or real property tax obligations under this chapter ceases to reside
permanently on the property for which the declaration
t? defer is made between the date of filing the declaration_ and December 15th of that year, the deferral otherwise allowable under this chapter shall not be allowed
on such tax roll. However, this section shall not apply
wher~ the claimant dies, leaving a spouse surviving,
who 1s also eligible for deferral of special assessment
and/ or property taxes. [ 1975 1st ex.s. c 291 § 32.]
Deferral of Special Assessments, Property Taxes
84.38.080 Right to deferral not reduced by contract
or agreement. A person's right to defer special assessments and/or property tax obligations on his residence
shall not be reduced by contract or agreement, from
January 1, 1976 onward. [1975 1st ex.s. c 291 § 33.]
84.38.090 Procedure where residence under mortgage
or purchase contract. If any residence is under mortgage
or purchase contract requiring accumulation of reserves
out of which the holder of the mortgage or contract is
required to pay real estate taxes, said holder shall cosign the declaration of deferral either before a notary
public or the county assessor or his deputy in the county where the real property is located. [1975 1st ex.s. c
291 § 34.]
84.38.100 Lien of state, mortgage or purchase contract holder--Priority--Amount. Whenever a person's special assessment and/ or real property tax
obligation is deferred under the provisions of this chapter, it shall become a lien in favor of the state upon his
property and shall have priority as provided in chapters
35.50 and 84.60 RCW: Provided, That the interest of a
mortgage or purchase contract holder who is required
to cosign a declaration of deferral under RCW
84.38.090, shall have priority to said deferred lien. This
lien may accumulate up to eighty percent of the amount
of the claimant's equity value in said property and shall
bear interest each year at the rates prescribed for delinquent taxes in RCW 84.56.020 as now or hereafter
amended per year until said obligation becomes due
and payable under RCW 84.38.130. [1975 1st ex.s. c 291
§ 35.]
84.38.110 Duties of county assessor. The county assessor shall:
(l) Transmit one copy of each declaration to defer to
the department of revenue. The department may audit
any declaration and shall, not later than August 31st,
notify the assessor of any claim where any factor appears to disqualify the claimant for the deferral sought.
(2) Transmit one copy of each declaration to defer a
special assessment to the local improvement district
which imposed such assessment.
(3) After October 15th, compute the dollar tax rate
for the county as if any deferrals provided by this
chapter did not exist.
(4) On or before December 15th, notify the department of revenue and the county treasurer of the amount
of real property taxes deferred for that year and notify
the department of revenue and the respective treasurers
of municipal corporations of the amount of special assessments deferred for each local improvement district
within such unit. [1975 1st ex.s. c 291 § 36.]
84.38.120 Payments to local improvement or taxing
districts of assessments or taxes deferred. Upon receipt
of the notification from the county assessor of the
amount of deferred special assessments and/or real
property taxes the department shall certify to the state
treasurer the amount due the respective municipal corporations prior to the following February 15th and the
84.38.150
state treasurer shall pay to the treasurers of such municipal corporations said amounts, equivalent to the
amount of special assessments and/or real property
taxes deferred, to be distributed to the local improvement or taxing districts which levied the taxes so deferred. [1975 1st ex.s. c 291 § 37.]
84.38.130 When deferred assessments or taxes become payable. Special assessments and/or real property
tax obligations deferred under this chapter shall become
payable together with interest as provided in RCW
84.38.100:
( 1) U pan the sale of property which has a deferred
special assessment a nd/or real property tax lien upon it.
(2) Upon the death of the claimant with an outstanding deferred special assessment and/ or real property tax
lien except a surviving spouse who is qualified under
this chapter may elect to incur the special assessment
and/or real property tax lien which shall then be payable by that spouse as provided in this section.
(3) Upon the condemnation of property with a deferred special assessment and/ or real property tax lien
upon it by a public or private body exercising eminent
domain power, except as otherwise provided in RCW
84.60.070.
(4) At such time as the claimant ceases to reside permanently in the residence upon which the deferral has
been granted.
(5) Upon the failure of any condition set forth in
RCW 84.38.030(5). [1975 1st ex.s. c 291 § 38.]
0
84.38.140 Collection of deferred assessments or
taxes. (l) The county treasurer shall collect all the
amounts deferred together with interest under this
chapter, in the manner provided for in chapter 84.56
RCW. For purposes of collection of deferred taxes, the
provisions of chapters 84.56, 84.60; and 84.64 RCW
shall be applicable.
(2) When any deferred special assessment and/or real
property taxes together with interest are collected the
moneys shall be credited to a special account in the
county treasury. The county treasurer shall remit the
amount of deferred special assessment and/ or real
property taxes together with interest to the state treasurer, with a remittance advice to the department within thirty days from the date of collection.
(3) The state treasurer shall deposit the deferred taxes
in the state general fund. [1975 1st ex.s. c 291 § 39.]
84.38.150 Election to continue deferral by surviving
spouse. (1) A surviving spouse of the claimant may elect
to continue the property in its deferred tax status if the
property is the residence of the spouse of the claimant
and the spouse meets the requirements of this chapter.
(2) The election under this section to continue the
property in its deferred status by the spouse of the
claimant shall be filed in the same manner as an original claim for deferral is filed under this chapter, not
later than ninety days from the date of the claimant's
death. Thereupon, the property with respect to which
the deferral of special assessments and/or real property
taxes is claimed shall continue to be treated as deferred
11975 RCW Supp--p 679)
84.38.150
Title 84:
property. When the property has been continued in its
deferred status by the filing of the spouse of the claimant of an election under this section, the spouse of the
claimant may continue the property in its deferred status in subsequent years by filing a claim under this
chapter so long as the spouse meets the qualifications
set out in this section. [ 197 5 I st ex.s. c 291 § 40.]
84.38. 160 Payment of part or all of deferred taxes
authorized. Any person may at any time pay a part or
all of the deferred taxes but such payment shall not affect the deferred tax status of the property. [1975 !st
ex.s. c 291 § 41.]
84.38.170
Collection of personal property not affect-
ed. Nothing in this chapter is intended to or shall be
construed to prevent the collection, by foreclosure, of
personal property taxes which become a lien against
tax-deferred property. [1975 !st ex.s. c 291 § 42.]
84.38. 180 Forms--Rules and regulations. The department of revenue of the state of Washington shall
devise the forms and make rules and regulations consistent with chapter 34.04 RCW and the provisions of
this chapter as shall be necessary or desirable to permit
its effective administration. [1975 1st ex.s. c 291 § 43.]
84.38.900 Severability--1975 1st ex.s. c 291. See
note following RCW 82.04.050.
84.38.910
Effective dates--1975 1st ex.s. c 291.
Reviser's note: Chapter 84.38 RCW became effective January I,
1976. See note following RCW 82.04.050.
Chapter 84.40
LISTING OF PROPERTY
Sections
84.40.320
84.40.330
Detail and assessment lists to board of equalization.
Assessor to furnish department of revenue list of businesses of public character.
84.40.320 Detail and assessment lists to board of
equalization. The assessor shall add up and note the
amount of each column in his detail and assessment
lists, which he shall have bound in book form in such
manner, to be prescribed or approved by the state department of revenue, as will provide a convenient and
permanent record of assessment. He shall also make,
under proper headings, a tabular statement showing the
footings of the several columns upon each page, and
shall add and set down under the respective headings
the total amounts of each column, which he shall attach
to the highest numbered assessment book, and on the
first Monday of July he shall file the same, properly indexed, with the clerk of the county board of equalization for the purpose of equalization by the said board.
Such returns shall be verified by his affidavit, substantially in the following form:
(1975 RCW Supj>--p 6801
Property Taxes
State of Washington, __________ County, ss.
I, __________ , Assessor __________ , do solemnly
swear that the books No. I to No. _____ , to the last of
which this is attached, contain a correct and full list of
all the real property (or personal property, as the case
may be) subject to taxation in __________ county, so
far as I have been able to ascertain the same; and that
the assessed value set down in the proper column, opposite the several kinds and descriptions of property, is
in each case one hundred percent of the true and fair
value of such property, to the best of my knowledge
and belief, and that the footings of the several columns
in said books, and the tabular statement returned herewith, are correct, as I verily believe.
____________________ , Assessor.
Subscribed and sworn to before me this _____ day of
__________ , 19 __ .
(L. S.) __________ ,Auditor of __________ county.
Provided, That the failure of the assessor to attach his
certificate shall in nowise invalidate the assessment. After the same has been duly equalized by the county and
state board of equalization, the same shall be delivered
to the county assessor, who shall then extend the
amount as levied by the state and county boards upon
the said detail and assessment lists as by law provided.
[1975 1st ex.s. c 278 § 195; 1973 1st ex.s. c 195 § 98;
1961c15 § 84.40.320. Prior: 1937 c 121 §I; 1925 ex.s. c
130 § 65; 1897 c 71 § 54; 1893 c 124 § 55; 1891 c 140 §
55; 1890 p 552 § 60; RRS § 11148.]
Construction--Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Severability--Effective dates and termination dates-Construction-1973 1st ex.s. c 195: See notes following RCW 84.52.043.
84.40.330 Assessor to furnish department of revenue
list of businesses of public character. It shall be the duty
of the county assessor, on the completion of his assessment rolls each year, to furnish the department of revenue a list of corporations, companies, associations.
banks and individuals doing business of a public character whose assessed valuation is three thousand dollars
or more, together with the class of property and the
valuation placed on same for assessment purposes.
[1975 1st ex.s. c 278 § 196; 1961 c 15 § 84.40.330. Prior:
1939 c 206 § 5, part; 1935 c 127 § 1, part; 1907 c 220 §
I, part; 1905 c 115 § 2, part; RRS § 11091 (second),
part.]
Construction-8everability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Chapter 84.4 t
REVALUATION OF PROPERTY
Sections
84.41.060
84.41.070
84.41.080
84.41.090
84.41.110
Assistance by department of revenue at request of
assessor.
Finding of unsatisfactory progress-Notice-Duty
of county commissioners.
Contracts for special assistance.
Valuation standards--Department of revenue rules,
regulations, publications.
Appraisers to act in advisory capacity.
Revaluation of Property
84.41.120
84.41.130
84.41.140
Assessor to keep records-Orders of department of
revenue, compliance enjoined, remedies.
Assessor's annual reports.
Department of revenue's report to legislature.
84.41.060 Assistance by department of revenue at request of assessor. Any county assessor may request special assistance from the department of revenue in the
valuation of property which either (1) requires specialized knowledge not otherwise available to the assessor's
staff, or (2) because of an inadequate staff, cannot be
completed by the assessor within the time required by
this chapter. After consideration of such request the department of revenue shall advise the assessor that such
request is either approved or rejected in whole or in
part. Upon approval of such request, the department of
revenue may assist the assessor in the valuation of such
property in such manner as the department of revenue,
in its discretion, considers proper and adequate. [ 1975
!st ex.s. c 278 § 197; 1961 c 15 § 84.41.060. Prior: 1955
c 251 § 6.]
Construction-Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.41.070 Finding of unsatisfactory progress-Notice-Duty of county commissioners. If the department of revenue finds upon its own investigation, or
upon a showing by others, that the revaluation program
for any county is not proceeding for any reason as
herein directed, or is not proceeding for any reason
with sufficient rapidity to be completed before June 1,
1958, the department of revenue shall advise both the
board of county commissioners and the county assessor
of such finding. Within thirty days after receiving such
advice, the board of county commissioners, at regular
or special session, either (1) shall authorize such expenditures as will enable the assessor to complete the
revaluation program as herein directed, or (2) shall direct the assessor to request special assistance from the
department of revenue for aid in effectuating the county's revaluation program. [1975 1st ex.s. c 278 § 198;
1961 c 15 § 84.41.070. Prior: 1955 c 251 § 7.]
Construction-Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.41.080 Contracts for special assistance. Upon receiving a request from the county assessor, either upon
his initiation or at the direction of the board of county
commissioners, for special assistance in the county's revaluation program, the department of revenue may, before undertaking to render such special assistance,
negotiate a contract with the board of county commissioners of the county concerned. Such contracts as are
negotiated shall provide that the county will reimburse
the state for fifty percent of the costs of such special
assistance within three years of the date of expenditure
of such costs. All such reimbursements shall be paid to
the department of revenue for deposit to the state general fund. The department of revenue shall keep complete records of such contracts, including costs incurred,
payments received, and services performed thereunder.
[1975 1st ex.s. c 278 § 199; 1961 c 15 § 84.41.080. Prior:
1955c251§8.]
84.41.120
Construction--Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.41.090 Valuation standards--Department of
revenue rules, regulations, publications. The department
of revenue shall make and publish such rules, regulations and guides which it determines are needed to supplement materials presently published by the
department of revenue for the general guidance and assistance of county assessors. Each assessor is hereby directed and required to value property in accordance
with the standards established by RCW 84.40.030 and
in accordance with the applicable rules, regulations and
valuation manuals published by the department of revenue. [1975 lst ex.s. c 278 § 200; 1961 c 15 § 84.41.090.
Prior: 1955 c 251 § 9.]
Construction--Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.41.110 Appraisers to act in advisory capacity. Appraisers whose services may be obtained by contract or
who may be assigned by the department of revenue to
assist any county assessor shall act in an advisory capacity only, and valuations made by them shall not in
any manner be binding upon the assessor, it being the
intent herein that all valuations made pursuant to this
chapter shall be made and entered by the assessor pursuant to law as directed herein. [ 1975 I st ex.s. c 278 §
201; 1961c15 § 84.41.110. Prior: 1955 c 251§11.]
Construction--Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.41.120 Assessor to keep records--Orders of department of revenue, compliance enjoined, remedies.
Each county assessor shall keep such books and records
as are required by the rules and regulations of the department of revenue and shall comply with any lawful
order, rule or regulation of the department of revenue.
Whenever it appears to the department of revenue
that any assessor has failed to comply with any of the
provisions of this chapter relating to his duties or the
rules of the department of revenue made in pursuance
thereof, the department of revenue, after a hearing on
the facts, may issue an order directing such assessor to
comply with such provisions of this chapter or rules of
the department of revenue. Such order shall be mailed
by registered mail to the assessor at the county court
house. If, upon the expiration of fifteen days from the
date such order is mailed, the assessor has not complied
therewith or has not taken measures that will insure
compliance within a reasonable time, the department of
revenue may apply to a judge of the superior court or
court commissioner of the county in which such assessor holds office, for an order returnable within five days
from the date thereof to compel him to comply with
such provisions of law or of the order of the department
of revenue or to show cause why he should not be
compelled so to do. Any order issued by the judge pursuant to such order to show cause shall be final. The
remedy herein provided shall be cumulative and shall
not exclude the department of revenue from exercising
[1975 RCW Supp-p 6811
~.41.120
Title 84:
any powers or rights otherwise granted. [1975 !st ex.s. c
278 § 202; 1961 c 15 § 84.41.120. Prior: 1955 c 251 §
12.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.41.130 Assessor's annual reports. Each county assessor, before October 15th each year, shall prepare and
submit to the department of revenue a detailed report
of the progress made in the revaluation program in his
county to the date of the report and be made a matter
of public record. Such report shall be submitted upon
forms supplied by the department of revenue and shall
consist of such information as the department of revenue requires. The department of revenue shall transmit
a copy of such report to the legislature. [1975 1st ex.s. c
278 § 203; 1961 c 15 § 84.41.130. Prior: 1955 c 251 §
13.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.41. 140 Department of revenue's report to legislature. The department of revenue, thirty days prior to
the convening of each regular session of the legislature,
shall submit a comprehensive report showing the extent
of progress of the revaluation program in each county.
Such report shall also include any comments and recommendations the department of revenue may have in
regard to the revaluation program. [1975 1st ex.s. c 278
§ 204; 1961c15 § 84.41.140. Prior: 1955 c 251 § 14.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Chapter 84.44
TAXABLE SITUS
Sections
84.44.090
Disputes over situs to be determined by department of
revenue.
84.44.090 Disputes over situs to be determined by
department of revenue. In all questions that may arise
under this title as to the proper place to list personal
property, or where the same cannot be listed as stated
in this title, if between several places in the same county, or between different counties, or places in different
counties. the place for listing and assessing shall be determined and fixed by the department of revenue; and
when fixed in either case shall be as binding as if fixed
by this title. [1975 1st ex.s. c 278 § 205; 1961 c 15 § 84.44.090. Prior: 1925 ex.s. c 130 § 21; RRS § 11125; prior: 1897 c 71 § 14; 1893 c 124 § 14; 1891 c 140 § 14;
1890 p 535 § 14.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Chapter 84.48
EQUALIZATION OF ASSESSMENTS
Sections
84.48.120
84.48.130
Extension of state taxes.
Certification of assessed valuation to taxing districts.
(1975 RCW
Sup~
6821
Property Taxes
84.48.120 Extension of state taxes. It shall be the
duty of the county assessor of each county, when he
shall have received from the state department of revenue the assessed valuation of the property of railroad
and other companies assessed by the department of
revenue and apportioned to the county, and placed the
same on the tax rolls, and received the report of the
state auditor of the amount of taxes levied for state
purposes, to compute the required percent on the assessed value of property in the county, and such state
taxes shall be extended on the tax rolls in the proper
column: Provided, That the rates so computed shall not
be such as to raise a surplus of more than five percent
over the total amount required by the state board of
equalization. [1975 1st ex.s. c 278 § 206; 1961 c 15 §
84.48.120. Prior: 1939 c 206 § 37; 1925 ex.s. c 130 § 72;
RRS § 11224; prior: 1890 p 544 § 38.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.48.130 Certification of assessed valuation to taxing
districts. It shall be the duty of the county assessor of
each county, when he shall have received from the state
department of revenue the certificate of the assessed
valuation of the property of railroad and/or other companies assessed by the department of revenue and apportioned to the county, and shall have distributed the
value so certified to him to the several taxing districts in
his county entitled to a proportionate value thereof, and
placed the same upon the tax rolls of the county, to
certify to the board of county commissioners and to the
officers authorized by law to estimate expenditures
and/or levy taxes for any taxing district coextensive
with the county, the total assessed value of property in
the county as shown by the completed tax rolls, and to
certify to the officers authorized by law to estimate expenditures and/or levy taxes for each taxing district in
the county not coextensive with the county, the total
assessed value of the property in such taxing district.
[1975 1st ex.s. c 278 § 207; 1961 c 15 § 84.48.130. Prior:
1939 c 206 § 38; 1925 ex.s. c 130 § 73; RRS § 11234.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Chapter 84.52
LEVY OF TAXES
Sections
84.52.020
City. and district budgets to be filed with county comm1ss10ners, when .
84.52.020 City and district budgets to be filed with
c?unty co~issioners, when. It shall be the duty of the
city council or other governing body of cities of the first
class, except cities having a population of three hundred
tho~sand o.r. more, the city councils or other governing
bodies of cities of the second or third class, the board of
directors of school districts of the first class, commissioners. of .port districts, commissioners of metropolitan
p~rk. d1stn.cts.' and of all officials or boards of taxing
d1stncts w1thm or coextensive with any county, except
school districts of the second class, required by law to
84.68.120
Recovery
certify to boards of county commissioners, for the purpose of levying district taxes, budgets or estimates of
the amounts to be raised by taxation on the assessed
valuation of the property in the city or district, through
their chairman and clerk, or secretary, to make and file
such certified budget or estimates with the clerk of the
board of county commissioners on or before the Wednesday next following the first Monday in October in
each year. [1975 c 43 § 33; 1961c15 § 84.52.020. Prior:
1939 c 37 § I; 1925 ex.s. c 130 § 75; RRS § 11236; prior: 1909 c 138 § I; 1893 c 71 §§ 2, 3.]
Effective date--Severability-1975 c 43: See notes following
RCW 28A.57.140.
Chapter 84.56
COLLECTION OF TAXES
Sections
84.56.400
Treasurer's record of manifest errors in listing-June
meeting of board of equalization--Cancellation or
correction of assessments-Consideration by board.
84.56.400 Treasurer's record of manifest errors in
Iisting--June meeting of board of equalization-Cancellation or correction of assessments--Consideration by board. The county treasurer shall also make
and file with the county board of equalization a record,
setting forth the facts relating to such manifest errors in
description, double assessments, clerical errors in extending the rolls, and such manifest errors in the listing
of property which do not involve a revaluation of property, such as the assessment of property exempted by
law from taxation or the failure to deduct the exemption allowed by law to the head of a family, as shall
come to his attention after the rolls have been turned
over to him for collection. The said record shall also set
forth by legal description all property belonging exclusively to the state, any county or any municipal corporation whose property is exempt from taxation, upon
which there remains, according to the tax roll, any unpaid taxes.
The county board of equalization at its meeting in
June shall consider such matters as appear in the record
filed with it by the county treasurer, and shall only correct such matters as are set forth in such record, but it
shall have no power to change or alter the assessment
of any person, or change the aggregate value of the
taxable property of the county, except insofar as it is
necessary to correct the errors hereinbefore mentioned:
Provided, That the board shall cancel all unpaid taxes
upon property which belongs exclusively to the state,
any county or municipal corporation. The board shall
make findings of the facts upon which it bases its decision on all matters submitted to it, and when so made
the assessment and Jevy shall have the same force as if
made in the first instance, and the county treasurer
shall proceed to collect the taxes due on the rolls as
modified.
The board at its June meeting shall consider only
matters referred to it by the records of the county treasurer or county assessor under this section and RCW
84.56.390.
The county assessor may cancel or correct assessments which are erroneous due to manifest errors in
description, double assessments, clerical errors in extending the rolls, and such manifest errors in the listing
of the property which do not involve a revaluation of
property. When the county assessor cancels or corrects
an assessment he shall send a notice to the taxpayer by
certified mail with return receipt requested advising the
taxpayer, and the person making payments if that person is to be notified pursuant to RCW 84.40.045, as
now existing or hereafter amended, that the action of
the county assessor is not final, and shall be considered
at the June meeting of the county board of equalization,
and that such notice shall constitute legal notice of such
fact, and a copy of the notice shall be sent to the county treasurer as his authority for correcting the current
tax roll. When the county assessor cancels or corrects
an assessment, he shall prepare and file a record of such
action with the county board of equalization, setting
forth therein the facts relating to such manifest error.
The county board of equalization at its meeting in
June shall consider such matters as appear in the record
filed with it by the county assessor and shall determine
whether the action of the county assessor was justified,
and shall make findings of facts upon which it bases its
decision on all matters submitted to it. If the county
board of equalization finds that the action of the assessor was not correct, it shall issue a supplementary roll
including such corrections as are necessary, and the assessment and levy shall have the same force and effect
as if made in the first instance, and the county treasurer
shall proceed to collect the taxes due on the supplementary roll. [1975 !st ex.s. c 160 § I; 1970 ex.s. c 55 §
13; 1965 c 93 § 2; 1961 c 15 § 84.56.400. Prior: 1955 c
112 § 3; prior: 1925 ex.s. c 130 § 107, part; RRS §
11268, part; prior: 1915 c 122 § 2, part; 1897 c 71 § 86,
part; 1895 c 176 § 22, part; 1893 c 124 § 89, part.]
Effective date--1970 ex.s. c 55: The effective date of the 1970
amendment to this section was July I, 1970, see note following RCW
84.36.050.
Chapter 84.68
RECOVERY OF TAXES PAID OR PROPERTY
SOLD FOR TAXES
Sections
84.68.120
84.68.130
84.68.140
Small claims recoveries-Petition-Procedure of
county officers-Transmittal of findings to department of revenue.
Small claims recoveries-Procedure of department of
revenue.
Small claims recoveries--Payment of refunds-Procedure.
84.68.120 Small claims recoveries--Petition-Procedure of county officers--Transmittal of findings
to department of revenue. Upon the filing of the petition
with the county assessor that officer shall proceed
forthwith to conduct such investigation as may be necessary to ascertain and determine whether or not the
assessment in question was erroneous or whether or not
the tax was incorrectly extended upon the tax rolls and
if he finds there is probable cause to believe that the
11975 RCW Supp---p 683)
84.68.120
Title 84:
property was erroneously assessed. and that such erroneous assessment was due to an error in description.
double assessment or manifest error in assessment
which does not involve a revaluation of the property. or
that the tax was incorrectly extended upon the tax rolls,
he shall endorse his findings upon the petition. and
thereupon within ten days after the filing of the petition
by the taxpayer forward the same to the county treasurer. lf the assessor's findings be in favor of cancellation or reduction or correction he shall include therein
a statement of the amount to which he recommends
that the assessment and tax be reduced. It shall be the
duty of the county treasurer, upon whom a petition
with endorsed findings is served, as in RCW 84.68.110
through 84.68.150 provided, to endorse thereon a statement whether or not the tax against which complaint is
made has in fact been paid and, if paid, the amount
thereof. whereupon the county treasurer shall immediately transmit the petition to the prosecuting attorney
and the prosecuting attorney shall make such investigation as he deems necessary and, within ten days after
receipt of the petition and findings by him. transmit the
same to the state department of revenue with his recommendation in respect to the granting or denial of the
petition. [ 1975 I st ex.s. c 278 § 208; 1961 c 15 § 84.68.120. Prior: 1939 c 16 § 2; RRS § 11241-2.]
Construction--Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.68.130 Small claims recoveries--Procedure of
department of revenue. Upon receipt of the petition,
findings and recommendations the state department of
revenue shall proceed to consider the same, and it may
require evidence to be submitted and make such investigation as it deems necessary and for such purpose the
department of revenue shall be empowered to subpoena
witnesses in order that all material and relevant facts
may be ascertained. Upon the conclusion of its consideration of the petition and within thirty days after receipt thereof, the department of revenue shall enter an
order either granting or denying the petition and if the
petition be granted the department of revenue may order the assessment canceled or reduced or the extended
tax corrected upon the tax rolls in any amount it deems
proper but in no event to exceed the amount of reduction or correction recommended by the county assessor.
[1975 1st ex.s. c 278 § 209; 1961 c 15 § 84.68.130. Prior:
1939 c 16 § 3; RRS § 11241-3.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.68.140 Small claims recoveries--Payment of
refunds--Procedure. Certified copies of the order of
the department of revenue shall be forwarded to the
county assessor, the county auditor and the taxpayer,
and the taxpayer shall immediately be entitled to a refund of the difference. if any. between the tax already
paid and the canceled or reduced or corrected tax
based upon the order of the department of revenue with
legal interest on such amount from the date of payment
of the original tax. Upon receipt of the order of the department of revenue the county auditor shall draw a
(1975 RCW
Sup~
684(
Property Taxes
warrant against the county tax refund fund in the
amount of any tax reduction so ordered, plus legal interest to the date such warrant is issued. and such warrant shall be paid by the county treasurer out of any
moneys on hand in said fund. If no funds are available
in the county tax refund fund for the payment of such
warrant the warrant shall bear interest and shall be
callable under such conditions as are provided by law
for county warrants and such interest, if any. shall also
be paid out of said fund. The order of the department
of revenue shall for all purposes be considered as a
judgment against the county tax refund fund and the
obligation thereof shall be discharged in the same manner as provided by law for the discharge of judgments
against the county for excessive taxes under the provisions of RCW 84.68.010 through 84.68.070 or any act
amendatory thereof. [1975 !st ex.s. c 278 § 210; 1961 c
15 § 84.68.140. Prior: 1939 c 16 § 4; RRS § 11241-4.]
Construction--Severability--1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Chapter 84.69
REFUNDS
Sections
84.69.020
Grounds for refunds.
84.69.020 Grounds for refunds. On order of the
board of county commissioners or other county legislative authority of any county, ad valorem taxes paid before or after delinquency shall be refunded if they were:
(I) Paid more than once; or
(2) Paid as a result of manifest error in description;
or
(3) Paid as a result of a clerical error in extending the
tax rolls; or
(4) Paid as a result of other clerical errors in listing
property; or
(5) Paid with respect to improvements which did not
exist on assessment date; or
(6) Paid under levies or statutes adjudicated to be illegal or unconstitutional; or
(7) Paid as a result of mistake, inadvertence, or lack
of knowledge by any person exempted from paying real
property taxes or a portion thereof pursuant to RCW
84.36.381 through 84.36.389, as now or hereafter
amended; or
(8) Paid or overpaid as a result of mistake, inadvertence, or lack of knowledge by either a public official or
employee or by any person paying the same or paid as
a result of mistake, inadvertence, or lack of knowledge
by ~ither a public official or employee or by any person
paymg the same with respect to real property in which
the person paying the same has no legal interest; or
(9) Paid on the basis of an assessed valuation which
was appealed to the county board of equalization and
ordered reduced by the board; or
( 10) Paid on the basis of an assessed valuation which
was appealed to the state board of tax appeals and ordered reduced by the board: Provided, That the
amount refunded under subsections (9) and (10) shall
only be for the difference between the tax paid on the
84.72.010
Federal Payments in Lieu of Taxes
basis of the appealed valuation and the tax payable on
the valuation adjusted in accordance with the board's
order.
(11) Paid as a state property tax levied upon county
assessed property, the assessed value of which has been
established by the state board of tax appeals for the
year of such levy: Provided, however, That the amount
refunded shall only be for the difference between the
state property tax paid and the amount of state property tax which would, when added to all other property
taxes within the one percent limitation of Article VII,
section 2 (Amendment 59) of the state Constitution
equal one percent of the assessed value established by
the board.
No refunds under the provisions of this section shall
be made because of any error in determining the valuation of property, except as authorized in subsection (9),
(10), and (11). [1975 1st ex.s. c 291§21; 1974 ex.s. c 122
§ 2; 1972 ex.s. c 126 § 2; 1971 ex.s. c 288 § 14; 1969
ex.s. c 224 § 1; 1961 c 15 § 84.69 .020. Prior: 1957 c 120
§ 2.]
Effective dates--Severability--1975 1st ex.s. c 291: See notes
following RCW 82.04.050.
Purpose-1974 ex.s. c 122: "The legislature recognizes that the
operation of the provisions of RCW 84.52.065 and 84.48.080, providing for adjustments in the county-determined assessed value of prop. erty for purposes of the state property tax for schools, may, with
respect to certain properties, result in a total regular property tax
payment in excess of the one percent limitation provided for in Article 7, section 2 (Amendment 59) of the state Constitution. The primary purpose of this 1974 amendatory act is to provide a procedure
for administrative relief in such cases, such relief to be in addition to
the presently existing procedure for judicial relief through a refund
action provided for in RCW 84.68.020." [1974 ex.s. c 122 § l.] This
applies to the amendment to RCW 84.69.020 by 1974 ex.s. c 122.
Severability--Savings-1971 ex.s. c 288: See notes following
RCW 84.40.030.
Chapter 84. 70
DESTROYED PROPERTY-ABATEMENT OR
REFUND
Sections
84.70.010
84.70.020
84.70.030
Reduction in true cash value-Formula.
Claims for relief-Procedure.
Review of determination-Abatement or refund
procedure.
84.70.010 Reduction in true cash value-Formula.
(I) 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 in the calendar year after
the date of the destruction of the property.
(2) The amount of taxes to be abated under RCW
84.70.010 as now or hereafter amended shall be determined by multiplying the amount of net loss determined under subsection (I) of this section by the rate
percent of levy applicable to the property in the tax
year to which the reduction of assessed value is applicable. [1975 !st ex.s. c 120 § 2; 1974 ex.s. c 196 § 3.]
Severability--1974 ex.s. c 196: See note following RCW
84.56.020.
Refund of property taxes: Chapter 84.69 RCW
84.70.020 Claims for relief--Procedure. Within
seventy-five days after the date of destruction, or seventy-five days after May 6, 1974, whichever is later, the
taxpayer, using a form prepared by the department of
revenue and provided by the assessor, shall notify the
county assessor of his intention to claim the relief provided by RCW 84.70.010 through 84.70.040 as now or
hereafter amended. The taxpayer shall also file a copy
with the legislative body of the county, which shall
serve as a petition for abatement of the tax: Provided,
That the form shall contain such information as the department may prescribe. After receipt of the taxpayer's
claim, and within thirty days after receipt, the county
assessor shall provide the legislative body of the county
with his determination of the facts necessary to calculate the amount of relief, if any, to which he believes
the taxpayer is entitled. A copy of the assessor's determination shall be sent to the taxpayer. [1975 1st ex.s. c
120 § 3; 1974 ex.s. c 196 § 4.]
Severability--1974 ex.s. c 196: See note following RCW
84.56.020.
84. 70.030 Review of determination--Abatement or
refund procedure. If the taxpayer disagrees with the determination made by the county assessor, he shall advise the county legislative body of his own
determination, and request a hearing. Thereafter, the
county legislative body shall make a determination of
the amount of relief, if any, to which the taxpayer is
entitled. The determination of the county legislative
body shall be final and not appealable. The legislative
body may order the tax against the property to be
abated in whole or in part, in accordance with the legislative body's determination. If an abatement is ordered the assessor and treasurer shall make the necessary
adjustments to the assessment roll and the necessary
entries required by the order in the records of their respective offices. [1975 1st ex.s. c 120 § 4; 1974 ex.s. c
196 § 5.]
Severability--1974 ex.s. c 196: See note following RCW
84.56.020.
Chapter 84. 72
FEDERAL PAYMENTS IN LIEU OF TAXES
Sections
84.72.010
84.72.020
84.72.030
State treasurer authorized to receive lieu payments-Department of revenue to apportion.
Basis of apportionment.
Certification of apportionment to state treasurer-Distribution to county treasurers.
84.72.010 State treasurer authorized to receive lieu
payments--Department of revenue to apportion. The
state treasurer is hereby authorized and directed to receive any moneys that may be paid to the state by the
(1975 RCW Supp--p 685(
84.72.010
Title 84:
United States or any agency thereof in lieu of ad valorem property taxes, and to transfer the same to the respecti \'e county treasurers in compliance with
apportionments made by the state department of revenue: and the state treasurer shall immediately notify the
department of revenue of the receipt of any such payment. [1975 1st ex.s. c 278 § 211: 1961 c 15 § 84.72.010.
Prior: 1941 c 199 § I: Rem. Supp. 1941 § 11337-15.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.72.020 Basis of apportionment. Any such moneys
so paid to the state treasurer shall be apportioned to the
state and to the taxing districts thereof that would be
entitled to share in the property taxes in lieu of which
such payments are made in the same proportion that
the state and such taxing units would have shared in
such property taxes if the same had been levied. The
basis of apportionment shall be the same as that of
property taxes first collectible in the year in which such
lieu payment is made: Provided, That if any such lieu
payment cannot be so apportioned the apportionment
shall be made on such basis as the department of revenue shall deem equitable and proper. [1975 1st ex.s. c
278 § 212; 1961 c 15 § 84.72.020. Prior: 1941 c 199 § 2;
Rem. Supp. 1941 § 11337-16.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
84.72.030 Certification of apportionment to state
treasurer--Distribution to county treasurers. The department of revenue may indicate either the exact apportionment to taxing units or it may direct in general
terms that county treasurers shall apportion any such
lieu payment in the manner provided in RCW 84.72.020. In either event the department of revenue shall
certify to the state treasurer the basis of apportionment
and the state treasurer shall thereupon forthwith transmit any such lieu payment, together with a statement of
the basis of apportionment, to the county tre'asurer in
accordance with such certification. [1975 1st ex.s. c 278
§ 213; 1961 c 15 § 84.72.030. Prior: 1941 c 199 § 3;
Rem. Supp. 1941 § 11337-17.]
Construction-Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Property Taxes
87.03.135 Sale or lease of district property generally.
Any irrigation district shall have power to sell or lease
any real estate or personal property owned by such district, whenever the board of directors shall, by unanimous vote, determine that such property is not
necessary or needed for the use of the district. No sale
or lease of such property shall be made until notice
thereof shall be given by publication at least twenty
days before the date of said sale or lease of said property in some newspaper of general circulation in the
county where the property or part thereof is located, if
there be one, and if there be none, then in some newspaper of general circulation published in an adjoining
county, said publication to be made at least once a
week during three consecutive weeks before the day
fixed for the making of such sale or lease, and shall
contain notice of intention of the board of directors to
make such sale or lease and state the time and place at
which proposals for such sale or lease will be considered and at which the sale or lease will be made: Provided, That the provisions of this section relating to
publication of notice shall not apply when the value of
the property to be sold or leased is less than five hundred dollars. Any such property so sold or leased shall
be sold or leased to the highest and best bidder. The
provisions of this section shall not apply to the sale or
lease of lands acquired by an irrigation district through
its purchase of said lands for the nonpayment of its irrigation assessments. [ 1975 I st ex.s. c 163 § 1; 1967 ex.s.
c 144 § 7; 1933 c 43 § I; 1931 c 82 § I; RRS § 7428-4.
Formerly RCW 87.08.150.]
Severability-1967 ex.s. c 144: See note following RCW
36.98.030.
Official paper for publication: RCW 87.03.020.
Organization of board (holding of interest in public lands as evidence
of title): RCW 87.03.115.
87.03.160 Group insurance--Purchase. The board
of directors of irrigation districts shall have the authority and power to contract for and to pay the premium
upon group life, health and accident insurance upon its
employees; and to make all such insurance available to
its directors, subject to payment by the directors of all
costs of insurance for directors. [ 1975 c 14 § I; 1951 c
159 § 1. Formerly RCW 87.01.225.]
87.03.164 Liability insurance for officers and employees authorized. See RCW 36.16.138.
Title 87
IRRIGATION
Chapters
87.03 Irrigation districts generally.
Chapter 87.03
IRRIGATION DISTRICTS GENERALLY
Sections
87.03.135
87.03.160
87.03.164
87.03.460
Sale or lease of district property generally.
Group insurance-Purchase.
Liability insurance for officers and employees
authorized.
Compensation of directors. officers, employees.
11975 RCW Supp--p 6861
87.03.460 Compensation of directors, officers, employees. The directors shall each receive not to exceed
twenty-five dollars per day in attending meetings and
while performing other services for the district, to be
fixed by resolution and entered in the minutes of their
proceedings, and in addition thereto their travel expenses in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended. The board
shall fix the compensation of the secretary and all other
employees. The board shall, upon the petition of at
least fifty or a majority of the electors, submit to the
electors at any general district election, a schedule of
salanes and fees to be paid hereunder. The petition
Pilotage Act
shall be presented to the board twenty days before a
general election, and the result thereof shall be determined and declared as other elections. [ 1975 1st ex.s. c
163 § 2; 1965 c 16 §I; 1951c189 §I; 1919 c 180 § 14;
1917 c 162 § 8; 1895 c 165 § 23; 1889-90 p 692 § 39;
RRS § 7456. Formerly RCW 87.08.100.]
Title 88
NAVIGATION AND HARBOR
IMPROVEMENTS
Chapters
88.16 Pilotage act.
Chapter 88.16
PILOT AGE ACT
Sections
88.16.170
88.16.180
88.16.190
Oil tankers-Intent and purpose.
Oil tankers-State licensed pilot required.
Oil tankers-Restricted waters-Standard safety
features required-Exemptions.
88.16.170 Oil tankers--Intent and purpose. Because of the danger of spills, the legislature finds that
the transportation of crude oil and refined petroleum
products by tankers on Puget Sound and adjacent waters creates a great potential hazard to important natural resources of the state and to jobs and incomes
dependent on these resources.
The legislature also recognizes Puget Sound and adjacent waters are a relatively confined salt water environment with irregular shorelines and therefore there is
a greater than usual likelihood of long-term damage
from any large oil spill.
The legislature further recognizes that certain areas of
Puget Sound and adjacent waters have limited space for
maneuvering a large oil tanker and that these waters
contain many natural navigational obstacles as well as a
high density of commercial and pleasure boat traffic.
For these reasons, it is important that large oil tankers be piloted by highly skilled persons who are familiar
with local waters and that such tankers have sufficient
capability for rapid maneuvering responses.
It is therefore the intent and purpose of RCW
88.16.180 and 88.16.190 to decrease the likelihood of oil
spills on Puget Sound and its shorelines by requiring all
oil tankers above a certain size to employ Washington
state licensed pilots and, if lacking certain safety and
maneuvering capability requirements, to be escorted by
a tug or tugs while navigating on certain areas of Puget
Sound and adjacent waters. [1975 1st ex.s. c 125 § I.]
Severability--1975 1st ex.s. c 125: "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 125 § 6.]
Study authorized and directed: "The House and Senate Transportation and and Utilities Committees are authorized and directed to
study the feasibility, benefits, and disadvantages of requiring similar
pilot and tug assistance for vessels carrying other potentially hazardous materials and to submit their findings and recommendations prior
to the 45th session of the Washington legislature in January, 1977.
88.16.190
Such study shall also include a report on the feasibility, benefits and
disadvantages of requiring vessels under tug escort to observe a speed
limit, and such study shall include a discussion of the impact of a
speed limit on the maneuverability of the vessel, the effectiveness of
the tug escort and other legal and technical considerations material
and relevant to the required study. Such study shall also include an
evaluation and recommendations as to whether there should be a
transfer of all duties and responsibilities of the board of pilotage
commissioners to the Washington utilities and transportation commission or other state agency, and alternate methods for establishing
fair and equitable rates for tug escort and pilot transfer." (1975 !st
ex.s. c 125 § 5.]
Discharge of oil into state waters: Rew 90.48.315-90.48.365.
88.16.180 Oil tankers--State licensed pilot required. Notwithstanding the provisions of RCW 88.16.070, any oil tanker, whether enrolled or registered, of
fifty thousand deadweight tons or greater, shall be required to take a Washington state licensed pilot while
navigating Puget Sound and adjacent waters and shall
be liable for and pay pilotage rates pursuant to RCW
88.16.030 as now or hereafter amended. [1975 I st ex.s. c
125 § 2.]
Severability--1975 1st ex.s. c 125: See note following RCW
88.16.170.
88.16.190 Oil tankers--Restricted waters-Standard safety features required--Exemptions. (I)
Any oil tanker, whether enrolled or registered, of greater than one hundred and twenty-five thousand deadweight tons shall be prohibited from proceeding beyond
a point east of a line extending from Discovery Island
light south to New Dungeness light.
(2) An oil tanker, whether enrolled or registered, of
forty to one hundred and twenty-five thousand deadweight tons may proceed beyond the points enumerated
in subsection (1) if such tanker possesses all of the following standard safety features:
(a) Shaft horsepower in the ratio of one horsepower
to each two and one-half deadweight tons; and
(b) Twin screws; and
(c) Double bottoms, underneath all oil and liquid
cargo compartments; and
(d) Two radars in working order and operating, one
of which must be collision avoidance radar; and
(e) Such other navigational position location systems
as may be prescribed from time to time by the board of
pilotage commissioners:
Provided, That, if such forty to one hundred and
twenty-five thousand deadweight ton tanker is in ballast or is under escort of a tug or tugs with an aggregate
shaft horsepower equivalent to five percent of the deadweight tons of that tanker, subsection (2) of this section
shall not apply: Provided further, That additional tug
shaft horsepower equivalencies may be required under
certain conditions as established by rule and regulation
of the Washington utilities and transportation commission pursuant to chapter 34.04 RCW: Provided further,
That a tanker of less than forty thousand deadweight
tons is not subject to the provisions of RCW 88.16.170
through 88.16.190. [1975 1st ex.s. c 125 § 3.]
Severability--1975 1st ex.s. c 125: See note following RCW
88.16.170.
(1975 RCW Supp-p 687)
Title 90
Title 90:
Water Rights--Environment
Title 90
WATER RIGHTS-ENVIRONMENT
Chapters
90.48 Water pollution control.
90.50 Water pollution control facilities--Financing.
90.58 Shoreline management act of 1971.
Chapter 90.48
WATER POLLUTION CONTROL
Sections
90.48.420
90.48.425
Water quality standards affected by forest practicesDepartment of ecology solely responsible for water
quality standards-Forest practices regulationsPromulgation-Examination-Enforcement
procedures.
Forest practices act and regulations relating to water
quality protection to be utilized to satisfy federal water pollution act.
Oil tankers on Puget Sound, restrictions, etc.: RCW 88.16.17088.16.190.
90.48.420 Water quality standards affected by forest
practices--Department of ecology solely responsible
for water quality standards--Forest practices regulations--Promulgation--Examination--Enforcement procedures. (1) The department of ecology,
pursuant to powers vested in it previously by chapter
90.48 RCW and consistent with the policies of said
chapter and RCW 90.54.020(3 ), shall be solely responsible for establishing water quality standards for waters
of the state. On or before January 1, 1975, the department of ecology shall examine existing regulations containing water quality standards and other applicable
rules and regulations of said department pertaining to
waters of the state affected by nonpoint sources of pollution arising from forest practices and, when it appears
appropriate to the department of ecology, modify said
regulations. In any such examination or modification
the department of ecology shall consider such factors,
among others, as uses of the receiving waters, diffusion,
down-stream cooling, and reasonable transient and
short-term effects resulting from forest practices.
Promulgation of forest practices regulations by the
department of ecology and the forest _practice~ board,
shall be accomplished so that compliance with such
forest practice regulations will achieve compliance with
water pollution control laws.
(2) The department of ecology shall monitor water
quality to determine whether revisions in such water
quality standards or revisions in sue~ forest practi~es
regulations are necessary to accomplish the foregomg
result, and either promulgate appropriate revisions to
such water quality standards or propose appropriate revisions to such forest practices regulations or both.
(3) Notwithstanding any other provisions of chapter
90.48 RCW or of the rules and regulations promulgated
thereunder, no permit system pertaining to nonpoint
sources of pollution arising from forest practices shall
be authorized, and no civil or criminal penalties shall be
imposed with respect to any forest practices conducted
in full compliance with the applicable provisions of
(1975 RCW Supp--p 6881
RCW 76.09.010 through 76.09.280, forest practices regulations, and any approvals or directives of the department of natural resources thereunder.
(4) Prior to the department of ecology taking action
under statutes or regulations relating to water quality,
regarding violations of water quality standards arising
from forest practices, the department of ecology shall
notify the department of natural resources. [ 1975 Ist
ex.s. c 200 § 13; 1974 ex.s. c 137 § 30.]
Effective dates--1974 ex.s. c 137: RCW 76.09.925.
Severability--1974 ex.s. c 137: RCW 76.09.935.
Forest practices: Chapter 76.09 RCW.
Right of entry to administer this section: RCW 76.09.160.
90.48.425 Forest practices act and regulations relating to water quality protection to be utilized to satisfy
federal water pollution act. The forest practices act,
chapter 76.09 RCW, and the forest practic~s regulati?ns
adopted thereunder relating to water quality protection
shall be utilized to satisfy the planning and program requirements of sections 208, 209, and 305 of the federal
Water Pollution Control Act, as regards silvicultural
activities, unless it is determined by the department of
ecology that extraordinary conditions exist which make
forest practices regulations unsuitable to satisfy such
federal requirements. [1975 1st ex.s. c 200 § 14.]
Provisions of state law pertaining to federal water pollution control
act: RCW 90.48.260, 90.48.262.
Chapter 90.50
WATER POLLUTION CONTROL FACILITIESFINANCING
Sections
90.50.040
Water pollution control facilities bond redemption
fund--Bonds payable from sales tax revenuesRemedies of bondholders.
90.50.040 Water pollution control facilities bond redemption fund--Bonds payable from sales tax revenues-Remedies of bondholders. The water pollution
control facilities bond redemption fund is hereby created in the state treasury, which fund shall be exclusively devoted to the payment of interest on and
retirement of the bonds authorized by this chapter. 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 bond retirement and interest requirements and on July 1st of
each year the state treasurer shall deposit such amount
in said water pollution control facilities redemption
fund from moneys transmitted to the state treasurer by
the department of revenue and certified by the department of revenue to be sales tax collections and such
amount certified by the state finance committee to the
state treasurer shall be a prior charge against all retail
sales tax revenues of the state of Washington, except
that portion thereof heretofore pledged for the payment
of bond principal and interest.
The owner and holder of each of said bonds or the
trustee for any of the bonds may by mandamus or other
appropriate proceeding require and compel the transfer
Shoreline Management Act of 1971
and payment of funds as directed herein. (1975 !st ex.s.
c 278 § 214; 1967 c 106 § 4.]
Construction--Severability-1975 1st ex.s. c 278: See notes following RCW 11.08.160.
Chapter 90.58
SHORELINE MANAGEMENT ACT OF 1971
Sections
90.58.030
90.58.120
90.58.140
90.58.180
Definitions and concepts.
Adoption of rules, programs, etc., subject to RCW 34.04.025-Public hearings, notice of-Public inspection after approval or adoption.
Development permits-Grounds for granting-Departmental appeal on issuance-Administration by
local government, conditions-Rescission-When
permits not required-Approval when permit for
variance or conditional use.
Appeals from granting, denying or rescinding permits,
procedure-Board to act, when-Local government appeals to board-Grounds for declaring
master program invalid-Appeals to court,
procedure.
90.58.030 Definitions and concepts. As used in this
chapter, unless the context otherwise requires, the following definitions and concepts apply:
(I) Administration:
(a) "Department" means the department of ecology;
(b) "Director" means the director of the department
of ecology;
(c) "Local government" means any county, incorporated city, or town which contains within its boundaries
any lands or waters subject to this chapter;
(d) "Person'' means an individual, partnership, corporation, association, organization, cooperative, public
or municipal corporation, or agency of the state or local
governmental unit however designated;
(e) "Hearing board" means the shoreline hearings
board established by this chapter.
(2) Geographical:
(a) "Extreme low tide" means the lowest line on the
land reached by a receding tide;
(b) "Ordinary high water mark" on all lakes, streams,
and tidal water is that mark that will be found by examining the bed and banks and ascertaining where the
presence and action of waters are so common and usual, and so long continued in all ordinary years, as to
mark upon the soil a character distinct from that of the
abutting upland, in respect to vegetation as that condition exists on June I, 1971 or as it may naturally
change thereafter: Provided, That in any area where the
ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water shall be the
line of mean higher high tide and the ordinary high
water mark adjoining fresh water shall be the line of
mean high water;
(c) "Shorelines of the state'' are the total of all
"shorelines" and "shorelines of state-wide significance"
within the state;
(d) "Shorelines" means all of the water areas of the
state, including reservoirs, and their associated wetlands, together with the lands underlying them; except
(i) shorelines of state-wide significance; (ii) shorelines
on segments of streams upstream of a point where the
90.58.030
mean annual flow is twenty cubic feet per second or less
and the wetlands associated with such upstream segments; and (iii) shorelines on lakes less than twenty
acres in size and wetlands associated with such small
lakes:
(e) "Shorelines of state-wide significance" means the
following shorelines of the state:
(i) The area between the ordinary high water mark
and the western boundary of the state from Cape Disappointment on the south to Cape Flattery on the
north, including harbors, bays, estuaries, and inlets;
(ii) Those areas of Puget Sound and adjacent salt
waters and the Strait of Juan de Fuca between the ordinary high water mark and the line of extreme low tide
as follows:
(A) Nisqually Delta--from DeWolf Bight to
Tatsolo Point,
(B) Birch Bay--from Point Whitehorn to Birch
Point,
(C) Hood Canal--from Tala Point to Foulweather
Bluff,
(D) Skagit Bay and adjacent area--from Brown
Point to Yokeko Point, and
(E) Padilla Bay--from March Point to William
Point;
(iii) Those areas of Puget Sound and the Strait of
Juan de Fuca and adjacent salt waters north to the
Canadian line and lying seaward from the line of extreme low tide;
(iv) Those lakes, whether natural, artificial or a combination thereof, with a surface acreage of one thousand acres or more measured at the ordinary high water
mark;
(v) Those natural rivers or segments thereof as
follows:
(A) Any west of the crest of the Cascade range
downstream of a point where the mean annual flow is
measured at one thousand cubic feet per second or
more,
(B) Any east of the crest of the Cascade range downstream of a point where the annual flow is measured at
two hundred cubic feet per second or more, or those
portions of rivers east of the crest of the Cascade range
downstream from the first three hundred square miles
of drainage area, whichever is longer;
(vi) Those wetlands associated with (i), (ii), (iv), and
(v) of this subsection (2)(e);
(f) "Wetlands" or "wetland areas" means those lands
extending landward for two hundred feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous
floodplain areas landward two hundred feet from such
ftoodways; and all marshes, bogs, swamps, and river
deltas associated with the streams, lakes, and tidal waters which are subject to the provisions of this chapter;
the same to be designated as to location by the department of ecology: Provided, That any county or city
may determine that portion of a one-hundred-yearflood plain to be included in its master program as long
as such portion includes, as a minimum, the ftoodway
and the adjacent land extending landward two hundred
feet therefrom;
(1975 RCW Supp--p 6891
90.58.030
Title 90:
Water Rights--Environment
(g) "Floodway" means those portions of the area of a
mer \·alley lying streamward from the outer limits of a
watercourse upon which flood waters are carried during
periods of flooding that occur with reasonable regularity. although not necessarily annually, said floodway being identified. under normal condition, by changes in
surface soil conditions or changes in types or quality of
vegetative ground cover condition. The floodway shall
not include those lands that can reasonably be expected
to be protected from flood waters by flood control devices maintained by or maintained under license from
the federal government. the state, or a political subdivision of the state.
(3) Procedural terms:
(a) "Guidelines" means those standards adopted to
implement the policy of this chapter for regulation of
use of the shorelines of the state prior to adoption of
master programs. Such standards shall also provide criteria to local governments and the department in developing master programs;
(b) "Master program'' shall mean the comprehensive
use plan for a described area, and the use regulations
together with maps, diagrams, charts or other descriptive material and text, a statement of desired goals and
standards developed in accordance with the policies
enunciated in RCW 90.58.020;
(c) "State master program" is the cumulative total of
all master programs approved or adopted by the department of ecology;
(d) "Development" means a use consisting of the
construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand,
gravel or minerals: bulkheading; driving of piling;
placing of obstructions; or any project of a permanent
or temporary nature which interferes with the normal
public use of the surface of the waters overlying lands
subject to this chapter at any state of water level;
(e) "Substantial development" shall mean any development of which the total cost or fair market value exceeds one thousand dollars, or any development which
materially interferes with the normal public use of the
water or shorelines of the state; except that the following shall not be considered substantial developments for
the purpose of this chapter:
(i) Normal maintenance or repair of existing structures or developments, including damage by accident,
fire or elements;
(ii) Construction of the normal protective bulkhead
common to single family residences;
(iii) Emergency construction necessary to protect
property from damage by the elements;
(iv) Construction and practices normal or necessary
for farming, irrigation, and ranching activities, including agricultural service roads and utilities on wetlands,
and the construction and maintenance of irrigation
structures including but not limited to head gates,
pumping facilities, and irrigation channels: Provided,
That a feedlot of any size, all processing plants, other
activities of a commercial nature. alteration of the contour of the wetlands by leveling or filling other than
that which results from normal cultivation, shall not be
considered normal or necessary farming or ranching
(1975 RCW Supp--p 690(
activities. A feedlot shall be an enclosure or facilitv
used or capable of being used for feeding livestock hay,
grain. silage, or other livestock feed. but shall not include land for growing crops or vegetation for livestock
feeding and/or grazing, nor shall it include normal livestock wintering operations;
(v) Construction or modification of navigational aids
such as channel markers and anchor buoys:
(vi) Construction on wetlands by an owner. lessee or
contract purchaser of a single family residence for his
own use or for the use of his family. which residence
does not exceed a height of thirty-five feet above average grade level and which meets all requirements of the
state agency or local government having jurisdiction
thereof, other than requirements imposed pursuant to
this chapter;
(vii) Construction of a dock, designed for pleasure
craft only, for the private noncommercial use of the
owner, lessee or contract purchaser of a single family
residence, the cost of which does not exceed two thousand five hundred dollars;
(viii) Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities
that now exist or are hereafter created or developed as a
part of an irrigation system for the primary purpose of
making use of system waters, including return flow and
artificially stored ground water for the irrigation of
lands.
(ix) The marking of property lines or corners on state
owned lands, when such marking does not significantly
interfere with normal public use of the surface of the
water.
(x) Operation and maintenance of any system of
dikes, ditches, drains, or other facilities existing on September 8, 1975 which were created, developed or utilized primarily as a part of an agricultural drainage or
diking system. [1975 1st ex.s. c 182 § I; 1973 1st ex.s. c
203 §I: 1971ex.s.c286 § 3.]
90.58.120 Adoption of rules, programs, etc., subject
to RCW 34.04.025--Public hearings, notice of-Public inspection after approval or adoption. All rules,
regulations, master programs, designations, and guidelines, issued by the department, shall be adopted or approved in accordance with the provisions of RCW
34.04.025 insofar as such provisions are not inconsistent
with the provisions of this chapter. In addition:
(1) Prior to the approval or adoption by the department of a master program, or portion thereof, at least
one public hearing shall be held in each county affected
by a program or portion thereof for the purpose of obtaining the views and comments of the public. Notice of
each such hearing shall be published at least once in
each of the three weeks immediately preceding the
hearing in one or more newspapers of general circulation in the county in which the hearing is to be held.
(2) All guidelines, regulations, designations or master
programs adopted or approved under this chapter shall
be available for public inspection at the office of the
department or the appropriate county auditor and city
clerk. The terms "adopt" and "approve'' for purposes of
this section, shall include modifications and rescission
Shoreline Management Act of 1971
of guidelines. [ 1975 I st ex.s. c 182 § 2; 1971 ex.s. c 286 §
12.]
90.58.140 Development permits--Grounds for
granting--Departmental appeal on issuance--Administration by local government, conditions--Rescission--When permits not required--Approval when
permit for variance or conditional use. (I) No development shall be undertaken on the shorelines of the state
except those which are consistent with the policy of this
chapter and, after adoption or approval, as appropriate,
the applicable guidelines, regulations or master
program.
(2) No substantial development shall be undertaken
on shorelines of the state without first obtaining a permit from the government entity having administrative
jurisdiction under this chapter.
A permit shall be granted:
(a) From June I, 1971 until such time as an applicable master program has become effective, only when the
development proposed is consistent with: (i) The policy
of RCW 90.58.020; and (ii) after their adoption, the
guidelines and regulations of the department; and (iii)
so far as can be ascertained, the master program being
developed for the area. In the event the department is
of the opinion that any permit granted under this subsection is inconsistent with the policy declared in RCW
90.58.020 or is otherwise not authorized by this section,
the department may appeal the issuance of such permit
within thirty days to the hearings board upon written
notice to the local government and the permittee;
(b) After adoption or approval, as appropriate, by the
department of an applicable master program, only
when the development proposed is consistent with the
applicable master program and the policy of RCW
90.58.020.
(3) Local government shall establish a program, consistent with rules adopted by the department, for the
administration and enforcement of the permit system
provided in this section. Any such system shall include
a requirement that all applications and permits shall be
subject to the same public notice procedures as provided for applications for waste disposal permits for new
operations under RCW 90.48.170. The administration
of the system so established shall be performed exclusively by local government.
(4) Such system shall include provisions to assure that
construction pursuant to a permit will not begin or be
authorized until forty-five days from the date of final
approval by the local government or, except in the case
of any permit issued to the state of Washington, department of highways, for the cons~ruction and modification of the SR 90 (1-90) bndges across Lake
Washington, until all review proceedings are terminated
if such proceedings were initiated within forty-five days
from the date of final approval by the local government.
(5) Any ruling on an application for a permit under
authority of this section, whether it be an approval or a
denial, shall, concurrently with the transmittal of the
ruling to the applicant, be filed with the department and
the attorney general.
90.58.180
(6) Applicants for permits under this section shall
have the burden of proving that a proposed substantial
development is consistent with the criteria which must
be met before a permit is granted. In any review of the
granting or denial of an application for a permit as
provided in RCW 90.58.180( I), the person requesting
the review shall have the burden of proof.
(7) Any permit may be rescinded by the issuing authority upon the finding that a permittee has not complied with conditions of a permit. In the event the
department is of the opinion that such noncompliance
exists, the department may appeal within thirty days to
the hearings board for a rescission of such permit upon
written notice to the local government and the
permittee.
(8) The holder of a certification from the governor
pursuant to chapter 80.50 RCW shall not be required to
obtain a permit under this section.
(9) No permit shall be required for any development
on shorelines of the state included within a preliminary
or final plat approved by the applicable state agency or
local government prior to April I, 1971, if:
(a) The final plat was approved after April 13, 1961,
or the preliminary plat was approved after April 30,
1969, or
(b) Sales of lots to purchasers with reference to the
plat, or substantial development incident to platting or
required by the plat, occurred prior to April I, I 971,
and
(c) The development to be made without a permit
meets all requirements of the applicable state agency or
local government, other than requirements imposed
pursuant to this chapter, and
(d) The development does not involve construction of
buildings, or involves construction on wetlands of
buildings to serve only as community social or recreational facilities for the use of owners of platted lots and
the buildings do not exceed a height of thirty-five feet
above average grade level, and
(e) The development is completed within two years
after the effective date of this chapter.
(IO) The applicable state agency or local government
is authorized to approve a final plat with respect to
shorelines of the state included within a preliminary
plat approved after April 30, 1969, and prior to April 1,
1971: Provided, That any substantial development
within the platted shorelines of the state is authorized
by a permit granted pursuant to this section, or does
not require a permit as provided in subsection (9) of
this section, or does not require a permit because of
substantial development occurred prior to June l, 1971.
(I I) Any permit for a variance or a conditional use
by local government under approved master programs
must be submitted to the department for its approval or
disapproval. [ 1975 I st ex.s. c 182 § 3; 1973 2nd ex.s. c
19 § I ; 1971 ex.s. c 286 § 14.]
90.58.180 Appeals from granting, denying or rescinding permits, procedure---Board to act, when--Local
government appeals to board--Grounds for declaring
master program invalid--Appeals to court, procedure.
(I) Any person aggrieved by the granting or denying of
[1975 RCW Supp--p 691)
90.58.180
Title 90:
Water Rights--Environment
a permit on shorelines of the state, or rescinding a permit pursuant to RCW 90.58.140 may seek review from
the shorelines hearings board by filing a request for the
same within thirty days of receipt of the final order.
Concurrently with the filing of any request for review
with the board as provided in this section pertaining to
a final order of a local government, the requestor shall
file a copy of his request with the department and the
attorney general. If it appears to the department or the
attorney general that the requestor has valid reasons to
seek review, either the department or the attorney general may certify the request within thirty days after its
receipt to the shorelines hearings board following which
the board shall then, but not otherwise, review the matter covered by the requestor: Provided, That the failure
to obtain such certification shall not preclude the requestor from obtaining a review in the superior court
under any right to review otherwise available to the requestor. The department and the attorney general may
intervene to protect the public interest and insure that
the provisions of this chapter are complied with at any
time within forty-five days from the date of the filing of
said copies by the requestor.
(2) The department or the attorney general may obtain review of any final order granting a permit, or
granting or denying an application for a permit issued
by a local government by filing a written request with
the shorelines appeals board and the appropriate local
government within forty-five days from the date the
final order was filed as provided in subsection (5) of
RCW 90.58.140.
(3) The review proceedings authorized in subsections
( 1) and (2) of this section are subject to the provisions
of chapter 34.04 RCW pertaining to procedures in contested cases. Judicial review of such proceedings of the
shorelines hearings board may be had as provided in
chapter 34.04 RCW.
(4) Local government may appeal to the shorelines
hearings board any rules, regulations, guidelines, designations, or master programs for shorelines of the state
adopted or approved by the department within thirty
days of the date of the adoption or approval. The board
shall make a final decision within sixty days following
the hearing held thereon.
(a) In an appeal relating to a master program for
shorelines, the board, after full consideration of the positions of the local government and the department,
shall determine the validity of the master program. If
the board determines that said program:
(i) is clearly erroneous in light of the policy of this
chapter; or
(ii) constitutes an implementation of this chapter in
violation of constitutional or statutory provisions; or
(iii) is arbitrary and capricious; or
(iv) was developed without fully considering and
evaluating all proposed master programs submitted to
the department by the local government; or
(v) was not adopted in accordance with required procedures:
the board shall enter a final decision declaring the program invalid, remanding the master program to the department with a statement of the reasons in support of
(1975 RCW Sup~ 692]
the determination, and directing the department to
adopt, after a thorough consultation with the affected
local government, a new master program. Unless the
board makes one or more of the determinations as
hereinbefore provided, the board shall find the master
program to be valid and enter a final decision to that
effect.
(b) In an appeal relating to a master program for
shorelines of state-wide significance the board shall approve the master program adopted by the department
unless a local government shall, by clear and convincing evidence and argument, persuade the board that the
master program approved by the department is inconsistent with the policy of RCW 90.58.020 and the applicable guidelines.
(c) In an appeal relating to rules, regulations, guidelines, master programs of state-wide significance, and
designations, the standard of review provided in RCW
34.04.070 shall apply.
(5) Rules, regulations, designations, master programs,
and guidelines shall be subject to review in superior
court, if authorized pursuant to RCW 34.04.070: Provided, That no review shall be granted by a superior
court on petition from a local government unless the
local government shall first have obtained review under
subsection (4) of this section and the petition for court
review is filed within three months after the date of final
decision by the shorelines hearings board. [ 1975 1st ex.s.
c 182 § 4; 1973 1st ex.s. c 203 § 2; 1971 ex.s. c 286 §
18.]
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